California Civil Litigation Legal Questions

It would depend if you lost any money.  In other words, what's the harm to you?  How have you been damaged other than your pride or hurt feelings?  Since it was for a fundraiser and not for commercial means, it appears that you did not lose any money or have a reason to sue her.  Lawsuits are to repay someone for money damages.  The courts do not award any money damages for hurt pride or feelings.... Read More

That is a strange telephone call.  However, process servers try many different tactics to find people to serve with legal documents.  First of all, you do not have to answer the door.  If it's someone you don't know, you could merely say that through the door.  No crime has been committed so no reason to call police.   The reason people knock is to ask permission:  "Can I come in or will you come to the door?"  You are not required by any law to answer the knock except law enforcement.  If you don't answer the door for law enforcement after they knock (depending on the circumstances), they are permitted to enter the house. ... Read More

Yes, if you have proof of the damages (which it appears you do) and the damages are under $10,000, then you can file a claim with the Small Claims Court and represent yourself.  The Small Claims Court has set up an easy procedure meant to assist claimants to collect amounts under $10,000.  You can look on-line for how to file a small claims.  Attorneys cannot represent persons in a small claims case.  Good luck! ... Read More

I will need to see the pertinent documents.  Is there a will or a trust?  From what I can tell so far, if your sibs are not willing to cooperate, yes, you will have to go to court.  There could be a fraud cause of action or a request for an accounting if you are a beneficiary.  If no trust, the property will have to be probated.  Give me (free) call on my cell 949-295-3281 and we can discuss   Jeffery J. Czech CZECH & HOWELL, APC ... Read More

There are some situations where a lien is automatically creaeted by statute, but yours does not appear to be one of them.  Nor do you say anything about your contract providing for a lien.  Absent that, you can't obtain a lien until you obtain a judgment, i.e. sue and win.  In this case you may have a problem, because $7,500 interest for 3 months on a $30,000 loan is 100% interest annually, which is usurious.  I don't know whether California law provides that charging usurious interest rates means that you forfeit the entire loan, or just the interest, but I think you would be wise to consult a California attorney about your situation..... Read More

There's no real reason to wait for a subpoena except that if your testimony goes against somebody they may be less mad at you since you had no choice but to testify.  It may also help you if you need to get the time off work to go testify.  The only other reason to wait for a subpoena would be if you had a non-disclosure or confidentiality agreement which would conflict with your testimony, which doesn't seem to tbe the case here.... Read More

First, notify your auto insurance carrier immediately.   Each state has certain assets which are exempt from bein used to satisfy judgments. For example, NY exempts up to $2,500 of equity in a car and up to $10,000 equity in a home.  I don't know what the California exemptions are (it should be easy enought to find out online).  If you lose the lawsuit and cannot satisfy the judgment through insurance or otherwise, your non-exempt assets can be sold to pay the judgment.... Read More

There is never any guaranty that you won't be sued; anyone can be sued by anyone for anything.  The best you can do is to stay within the rules so that you will win any suit.  If you make a false statement of fact to at least one third party that harms someone's reputation, you have defamed them (slander is written defamation; libel is oral defamawtion).  Voicing an opinion is not defamation.  Telling the truth is not defamation.  But, again, that doesn't mean that you won't be sued.... Read More

As a general rule, an attonrey deposing a witness can inquire into pretty much any subject area.  Relevance iis generally not a valid objection at a deposition, although the material may not be admissible at trial.  It seems as if hte attorney was trying to get you to lose your cool.  Hopefully, you stayed calm and merely answered the question.... Read More

If your wages are being garnished it is because there is a judgment against you, presumably on default.  If you were not served with the summons and complaint in the lawsuit which gave rise to the judgment (and can convince the court of that) you can get the judgment vacated, but if you were served and simply ignored it, it may now be too  late to contest the claim made against you.  As for the merits of the claim against you, I assume that the lease was with the business entity you operated with your partner.  How was that structured?  If it was a corporation, you would not normally be responsible unless you signed some sort of guarantee.  The same for an llc.  If it was a general partnership, however, all partners would be liable for the obligations of the general partnership. ... Read More

IN all likelihood the summons and complaint was in the works long before you paid your debt and you should be able to get the action withdrawn.  You should call and write the attorney representing the plaintiff and provide him/her with proof that you  paid the debt.  If he/she doesn't voluntarily withdraw the claim by the time your answer to the complaint is due, respond to the complaint.  Depending on what court you're in (different courts have different rules) you can respond either by moving to dismiss the case based on documentary evidence, e.g. your documentary proof of payment, or simply file an answer denying that you owe the money because you have already paid it. If you can't afford or simply don't want to hire an attorney, speak with the clerk of the court for help with the procedure.... Read More

If you're asking if you want to pursue this, assuming that you were properly served you don't have a choice.  If you don't respond a default judgment will be entered against you which (again assuming that you were validly served) you will not be able to overturn.  Presumably you received a complaint with the summons; you need to answer the complaint within the allowed time.  In general, that means filing a document in which you admit or deny the allegations of the complaint (or you can say you don't know whether a particular allegation is true), and set forth any affirmative defenses and/or counterclaims you may have against the plaintiff.  You may want to consult an attorney; if you can't afford one, the clerk of the court may be able to help you, or at least refer you to some pro bono help in your area.... Read More

I'm not sure exactly what you mean by a "record", because certainly the store will keep a record and it could potentially refer to it if, for example, you applied for a job or credit there.  If you mean a criminal record, you haven't been arrested, let alone convicted, and therefore no arrest or conviction could appear on a criminal record. ... Read More

Your own policy of insurance may be applicable.  Why not make a claim insead of chasing a non-responding neighbor/insurance company (although same as yours)?  Theoretically, the neighbor should submit the cclaim to his insurance company for handling.  Failure to pay under insurance bad faith law (with possible punitie damages) requires first party relationship (i.e. your own insurance). If payable, the insurance company will pursue the neighbor.  If your own insurance claim is not viable and depending on damage sum, you may be entitled to proceed in Small Claims Court.... Read More