California Civil Litigation Legal Questions

Start by researching the attorney at the State Bar's website.  Here is the link:  http://members.calbar.ca.gov/fal/LicenseeSearch/QuickSearch?ResultType=0&SearchType=0&SoundsLike=False Make sure you have his current contact information as listed there.  The attorney is required to keep this information updated if he moves, changes phone numbers, etc. You may also want to initiate a fee dispute with the attorney.  Do you have a written fee agreement?  This should be spelled out in the fee agreement.  If you paid more than $1,000, a written fee agreement is required. You may want to also file a complaint with the State Bar.  Here is a link for filing a complaint:  https://www.calbar.ca.gov/Public/Complaints-Claims  Get all your paperwork regarding the attorney in order, including all notes of phone calls, proof of payment, etc.  Anything that will help prove your case. Lastly, you may want to speak to an attorney that handles legal malpractice cases.  These are difficult cases to win, but you might benefit from speaking to someone.  Even if you decided not to pursue legal malpractice, however, you can still file a State Bar Complaint and seek reimbursement of fees you paid if the attorney did not do the work he agreed to do.    ... Read More

You might have a valid civil claim for trespass and/or nuisance, particularly if the trees are that serious of an encroachment that they are interfering with the use and enjoyment of your property.  You may also reasonably trim the encroaching branches, but you must be very careful.  If you damage the tree, you can be held liable by the other property owner.  In 1994, "tree law" was changed in the case of Booska v. Patel - a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line.  Damages for injury to a tree can mount up because the statute in California allows for "treble" (triple) damages and more. Since you have already tried to work with the City, your best option may be a lawsuit for trespass/nuisance and seek an order from the Court abating the nuisance properly.  You will need a tree expert to write a report that your attorney will submit to the Court.  Take lots of pictures showing the tree encroaching, the droppings, etc.  You may also want to get an opinion from a realtor about diminution of value in your property. If this is a northern California situation, call me.  I have handled prior tree cases.... Read More

This is a perennial favorite of "news" networks like OANN.  The California DMV is not in the business of selling driver information to private companies.  This story pops up on the Internet every other year or so, and it's almost always from a suspicious "news" outlet.  It is like pulling teeth to get information out of the California DMV.  To my knowledge, they abide by the Federal Driver's Privacy Act.... Read More

You can't properly be sued if you were not served, but you do not have to have been at home to have been properly served.  I don't know the California procedures, but most states allow service to be effected by sering another suitable person at your residence or work address, or even by simply leaving the summons and complain for you at one of those addresses and mailing a copy to you.... Read More

There are actually 2 potential locations for a deposition in California, both of which are at the option of the party noticing the deposition.  The first location is within 75 miles of the deponent's residence.  However, the second is within the county where the action is pending - and - within 150 miles of the deponent's residence.  (Code Civil Procedure section 2025.250(a).)  Is the action pending in Contra Costa County?  If it is, then the deposition location is ok as it has been noticed.  If the action is pending anywhere other than Contra Costa County, then the defense is exceeding the 75-mile cap, and you should object.  If you object, you are objecting to the deposition notice so the governing statute is Code Civil Procedure section 2025.410, which states that the objection should be raised "promptly" and "at least three calendar days" prior to the date of the deposition.  Be mindful that the 3 calendar days is extended by means of service; e.g., +5 for service of objections by mail.  You can probably find a sample objection at the Sacramento County Law Library, which has one of the best law libraries anywhere in the state, especially for self-represented litigants.  Having said that, you really should have an attorney assisting you, even if it's on a limited basis.  This sort of forum is not suitable for someone already involved in litigation and does not take the place of having an attorney on your side.  There are a lot of pitfalls for the unwary in the Code of Civil Procedure, and the defense is sure to make the best of all of them.  I handle cases in the East Bay (my office is in Santa Rosa).  Where is your case filed, and how small is it?  Feel free to email me.... Read More

Form and Special Interrogatories are questions that a party to a lawsuit may ask the other party to answer under oath.  They are part of the discovery process in every litigation case.  The answers to the interrogatories generally must be provided within 30 days after personal service of the interrogatories or 30+5 days if served by mail.  There are penalties for failing to answer the interrogatories on time.  The answers to the interrogatories can be used to support motions submitted to the court as well as at trial.  It is important that interrogatories be answered carefully, usually with the assistance of counsel. That segues into the additional details you provided.  I am not sure what you mean by "notice," so I am assuming from the details that your lawyer is asking you to sign a Substitution of Attorney form to relieve him/her from representing you and so you can represent yourself.  This is a standard form, so there is nothing per se wrong with the lawyer asking you to sign the Substitution.  Having said that, a lawyer risks malpractice of complaints to the State Bar for abandoning a client or withdrawing for improper reasons.  This is a link to the California Rule that governs when an attorney can terminate the attorney-client relationship and for what reasons.  You may want to review this to determine if your lawyer is withdrawing for proper reasons.  Having said that, if the relationship has broken down to the point where your lawyer is asking you to sign a Substitution, then you should get a new lawyer as quickly as possible to assist you in answering the interrogatories.... Read More

Neighbor disputes can be very frustrating and acrimonious.  I'm not sure what is so disturbing about your water fountain, but this sounds like frivolous (if not harassing) behavior by your neighbor.  Is something else going on here?  I would need to know more particulars.  In the interim, if your neighbor proceeded with a nuisance case (he could proceed with a lawsuit or go through HOA, depending on the CC&Rs, and HOAs often don't enforce them), the cause of action would be one for private nuisance, since I am assuming this neighbor is the only one offended by the fountain.  The neighbor would have to show your use of the water fountain interferes with his property rights, not just that it is a mere annoyance.  One of the leading cases on this topic says this:  [E]very annoyance or disturbance of a landowner from the use made of property by a neighbor does not constitute a nuisance. The question is not whether the plaintiffs have been annoyed or disturbed ... but whether there has been an injury to their legal rights. People who live in organized communities must of necessity suffer some inconvenience and annoyance from their neighbors and must submit to annoyances consequent upon the reasonable use of property by others. (Schild v. Rubin (1991) 232 Cal.App.3d 755 , 764.)  Take a look at your CC&Rs and Bylaws and see what they say about homeowners suing each other directly.  One thing you don't want to get into is a dispute with the HOA where you may be liable for their attorneys' fees.  Follow the procedures in the CC&Rs and Bylaws.  ... Read More

This is a small claims matter.  In California, the limit on small claims cases for individuals is $10,000.00.  You cannot be represented by an attorney at the small claims hearing, but you may want to obtain limited advice from an attorney to help you prepare.  Many counties also have a "small claims advisor" position through the local courts who can help you and/or they have packets of small claims forms you need to file out to get your case started.  Get your records in order to show the purchase.  Keep all of your text messages and audio.  You will need those to prove that you had a contract to be repaid.... Read More

That depends.  In many jurisdictions, contracts for the sale of an interest in real property require more formality than just signatures, for example witnesses or acknowledgements.  I don't know what the law is in California.  Also, you've indicated that there has already been some sort of court decision on the issue.  Without knowing the details, I can tell you that it is very difficult to reopen a case which has been decided.... Read More

The way your question reads, I don't know whether "the ranch" is a separate entity (e.g. a corporation, llc, etc.) or not.  In other words, I don't know whether your husband's contract was with the ranch, or with Henry personally, but either way you should (barring other facts not mentioned in your question) be ok.  If your husband contracted with Henry, and you are saying that the daughter is now a conservator or guardian for Henry, the contract is still valid assuming that Henry had the mental capacity and right to contract at the time he reached the agreement with your husband.  If the contract was with the ranch, and assuming that Henry had the authority to enter into contracts for the ranch at the time he contracted with your husband, that contract is binding on the ranch regardless of who is now running it.  Even if the contract was unenforceable for some reason, such as that Henry was not competent at the time of the contract, or lacked authority, your husband would still be entitled to what is known as "quantum meruit", the fair market value of the labor he performed - he might not have the right to get the equipment, but he should be able to collect the fair value of his labor in monay.... Read More

If I understand you correctly, you're asking whether you can sue the sword maker in California, and that depends on whether he/she has sufficient contacts with California for California to exercise jurisdiction over him/her without violating the Constitution.   From what you've written, it doesn't sound like there are any specific contacts, i.e. contacts with California relating to the transaction.  The contract was between 2 Pa residents, entered into in PA, and was to be performed in Pa.  You may still have sufficient general contacts for jurisdiction, for example if the swordmaker owns property in California, regularly conducts business in California, resides in California for a good part of the year, etc., but it seems unlikely.  Also, the amount at issue is small enough that the case would normally be brought in small claims court, but those courts generally have very limited jurisdiction, often limited to residents of the state. ... Read More

It wouild appear to me that your son's rights would be protected under Federal Law and analogous California law under the Education Code assuming your son has been diagnosed with a condition which requires accommodation and that you have submitted proper medical documentation requesting that he be accommodated. If that is the case and those medical requests have been ignored then, yes, I believe you can take action against the District......Stephan Math - smesq1@aol.com... Read More

If in fact the judgment would be collectible from this individual and given the fact that you state it is a substantial sum then the answer appears to me to be obvious. Yes, you probably should sue.   Furthermore, bear in mind that even should you not collect the debt you may with evidence of a judgment be able to claim the loss on your income taxes. Stephan Math - smesq1@aol.com... Read More

Obviously your parents have a case against the attacker, but I assume that you are asking about a claim against Walmart, which is much more tenuous.  However, if your parents could show that their injuries resulted from negligence on the part of Walmart, for example if Walmart was negligent in not providing enough security and that allowed the attack to occur, or if walmart was negligent  in not securing the aluminum bats, or in not calling for an ambulance soon enough and that exacerbated your parents' injuries, etc., they could have a claim.... Read More

The business COULD be responsible if (a) the employee was acting within the scope of his/her employment (probably not the case here) OR (b) the loss was caused, in whole or part, by the business's negligence (for example, if the business had had previous complaints about this employee's honesty but had done nothing about it), which is a tough case to make.  On the other hand, the business may be willing to reimburse you for what you lost, which presumably is not a tremendous sum, in order to avoid the bad publicity from, for example, a yelp review mantioning the theft.... Read More