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California Civil Litigation Legal Questions

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237 legal [2, *]questions have been posted about civil litigation by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
California Civil Litigation Questions & Legal Answers - Page 10
Do you have any California Civil Litigation questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 237 previously answered California Civil Litigation questions.
Civil Litigation
California

Recent Legal Answers

I took my landlord to small claims for my deposit & lost, I want to refile with a different judge.

Answered 14 years and 5 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
Sadly, under California law there is no right of appeal for a plaintiff who loses in a Small Claims trial.
Sadly, under California law there is no right of appeal for a plaintiff who loses in a Small Claims trial.

The dad is incarcerated and his mother has power of attorney for him. Can she be served and sign on his behalf and exactly how would she sign for hi

Answered 14 years and 5 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
She can sign for her son if she has a General Power of Attorney which allows her to sign all manner of documents for her son.  She should sign as follows: "Donald Duck, by Daisy Duck, his attorney-in-fact."  I don't understand the reference to being served, but I imagine she could be served.  I hope this helps.  ... Read Answer
She can sign for her son if she has a General Power of Attorney which allows her to sign all manner of documents for her son.  She should sign... Read Answer

Is there a statue of limitations on the abuse of children by a school official?

Answered 14 years and 7 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
This is a problem which arose 21 years ago in Texas.  I know nothing about Texas law; this would apply to your case.  You don't say if you were assaulted by a coach or a student.  You don't say if there were sexual elements to the assault.  You don't say when you accrued your damages.  If you can show that you sustained delayed damages within the last year or so, you might have a claim.  Given the information you gave, I don't believe you could succeed in waging a lawsuit now.  I might feel differently if I had more information to work with.  Good luck.... Read Answer
This is a problem which arose 21 years ago in Texas.  I know nothing about Texas law; this would apply to your case.  You don't say if you... Read Answer

Served form AT-138, EJ-125 Order for Appearance and Examination", which states that I am to furnish information.

Answered 14 years and 8 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
You have been served with an "OEX," which is short for Order of Examination.  You will appear at the appointed time with other judgment debtors and be sworn in.  You must fully answer all questions to the best of your knowledge and ability.  Unless you were also served with a Subpoena Duces Tecum, you need not bring documents; I would advise my client to bring nothing whatsoever to the court.  This includes money or property since it can often be seized and applied to the judgment.  Good luck.... Read Answer
You have been served with an "OEX," which is short for Order of Examination.  You will appear at the appointed time with other judgment debtors... Read Answer

Unlawful Detainer dismissed pre-trial. Landlord claimed breach for unapproved roommate. Case without merit. Small Claims ok to recover Atty Fees?

Answered 14 years and 8 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
I will try to answer your questions and then suggest you drop the whole thing.  Small claims court is probably appropriate for any civil claim.  Your tort claim is unusual; I would proceed on contract rights for attorney fees and various court costs.  Your problem is that a dismissal without prejudice may not be a conclusion of the case on its merits.  You were sued and won, but the landlord can amend the complaint again; this will cause more hassle and attorney fees.  I suggest you leave it as is.     ... Read Answer
I will try to answer your questions and then suggest you drop the whole thing.  Small claims court is probably appropriate for any civil... Read Answer

Can I file a law suit against someone who blackmailed my fiancee and harrassed him and myself to extort money.

Answered 14 years and 9 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
The woman has committed a crime and a civil  wrong.  See a lawyer quickly. Good luck.. 
The woman has committed a crime and a civil  wrong.  See a lawyer quickly. Good luck.. 

Bought stolen NFL Tickets, what can I do?

Answered 14 years and 9 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
If your seller stole the tickets and sold them to you, he is committing a crime.  You could also sue him in small claims court.  You have no right to use the tickets in any way since they were stolen.  I hope this helps you and suggest you work with the police.
If your seller stole the tickets and sold them to you, he is committing a crime.  You could also sue him in small claims court.  You have... Read Answer

Do I have a possible case for ''defamation per se'' against my ex-employer?

Answered 14 years and 9 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
Based on your statements, it appears you might have bases for complaints for slander (oral communications), libel (written communications) and interference with prospective-business relations.  This probably should be combined with complaints for temporary and permanent injunctions and a request for attorney fees.  Consult a lawyer immediately.  You do not need to suffer this abuse.  Make notes of each unfavorable report you hear.  Good luck.... Read Answer
Based on your statements, it appears you might have bases for complaints for slander (oral communications), libel (written communications) and... Read Answer

How to get a final judgment reopened that was based on fraud?

Answered 14 years and 10 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
I suggest you get a hearing date for the Motion to Vacate the Judgment; at the same time, ask the Small Claims Clerk to issue a Subpoena for the person to testify as a witness.  Have the subpoena served by someone other than yourself.  Go to the hearing loaded for bear!  Good luck.... Read Answer
I suggest you get a hearing date for the Motion to Vacate the Judgment; at the same time, ask the Small Claims Clerk to issue a Subpoena for the... Read Answer

My ex-wife filed in Mexico for child molestation charges that she claims occured in 2005/2006 when I lived there. Can I sue her in California?

Answered 14 years and 10 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
If the ex-wife can be deemed a California resident by any standards, you may sue her here.  If she alleged you did anything wrong in California and you had to answer charges anywhere, you probably can sue hr here.  You may have additional claims if she made false claims against you in California.  See a lawyer soon.  Good luck.... Read Answer
If the ex-wife can be deemed a California resident by any standards, you may sue her here.  If she alleged you did anything wrong in California... Read Answer

Can you get jail time from being sued in a civil lawsuit for assault and battery?

Answered 14 years and 10 months ago by Bert Musick (Unclaimed Profile)   |   1 Answer
You are not likely to face any jail time from a civil suit. If the police arrested you and charged you with assault and battery (criminal) then you might face jail time. The purpose of a civil suit is to recover money damages. I don't practice in California though, so you might want to consult a local attorney.... Read Answer
You are not likely to face any jail time from a civil suit. If the police arrested you and charged you with assault and battery (criminal) then you... Read Answer

Am I responsible financially for an accident?

Answered 14 years and 10 months ago by John Podesta (Unclaimed Profile)   |   1 Answer
no photo
The basic standard here is whether you are completely blameless -- because the wind was unexpected, unforseen etc. and whether you acted reasonably in securing the canopy.  Remember that the car owner -- lawyer or not -- does not appear to have any fault here, so as between someone with a little fault, and one without fault, you can guess the result.  You would have an uphill battle convincing a judge that a canopy that acted like a sail in the wind could not be foreseen. You ought to have coverage under your homeowners policy (or renters or Condo Owners) for liability caused by an accident such as this.   ... Read Answer
The basic standard here is whether you are completely blameless -- because the wind was unexpected, unforseen etc. and whether you acted reasonably... Read Answer
Civil Litigation
California

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