California Civil Litigation Legal Questions

IF your attorney received money from the case that he/she was supposed to send you and didn't, he/she could get in a great deal of trouble, both with the attorney disciplinary authorities and criminally.  However, I think it's far more likley that your stepfather hasn't been complying with his obligations.  The lawyer is under no obligation to distribute money to you which he/she hasn't received.  I would continue to try to find out what's going on from the lawyer, but if he/she won't get back to you, I think you should file a complaint with the local disciplinary authorities (sorry, I don't know exactly who handles this in California, but I'm sure you can find the information on line), which will force the attorney to at least let you know what is going on, at which point you can decide who you need to proceed against.... Read More

Assuming that you had automobile coverage at the time of the accident, notify the insurance company ASAP.  It iwll provide you with counsel to represent you in the suit.  If the insurer raises any issues about coverage, or if for some other reason you feel that its interests are not the same as yours, you may want to hire your own counsel at some point, but for now the most important thing is to notify the insurance company.... Read More

Since you don't yet have a judgment, you can't keep their property (you might be able to keep abandoned property, but from your email it doesn't appear that the property was abandoned in the legal sense) unless you have a court order or contract allowing you to do so (e.g. a mortgage) or the situation falls within a narrow range of statutory liens which are permitted when someone has performed services to improve or repair the property in question (e.g. a mechanic's lien) which doesn't seem to fit your situation.  While you claim that the other party owes you money, the other side may claim otherwise, and a court will have to determine the issue before you can lawfully take action against the debtor's assets to collect the debt. However, now that you have an address, you should probably take the opportunity to file a lawsuit and serve them with a summons and complaint.  If you wait until after you return the box, they may disappear again.... Read More

Yes, information can be subpoenaed from non-parties, but you have to subpoena it separately; only material within the possession or conrrol of a party is covered by the discovery demands you serve on a party.  Also generally the standards are more rigorous, meaning that objections are more likely to be sustained, when discovery is sought from a non-party rather than a party.... Read More

If you have passed the deadline of 30 days to respond to the summons and complaint, then the plaintiff may have requested the entry of your default.  If so, then you will not be able to do anything in the case to defend yourself until you file a motion for relief from default.  Call or email an attorney for a full consultation.... Read More

It seems to me that you may be able to make a case under the Unruh Civil Rights Act.  See below: References are to California Civil Code   Civil Code section 52(a) provides: "Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney's fees that may be determined by the court in addition hereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6." Your entitled to three times damages under the Act and also attorney fees. You may also want to contact the California Dept. of Fair Employment and HJousing (800) 884-1684 and see if they will take a complaint. For your information the Act also specifically prohibits sexual harasszment by a business. Damages can be tricky in this case unless you have had some treatment for emotional distress or evidence of emotoionbal distress....any questions let me know..Stephan Math Esq, smesq1@aol.com  ... Read More

There is no per se bar on subpoenaing opposing counsel or paralegals to be a witness, but it is rarely allowed by a court if challenged.  What relevant information, unavailable from any other source, could you obtain from this person which would not fall within the attorney/client and/or attorney/work-product privileges?... Read More

Whatever form the landlord's proof takes, if you believe the landlord is overcharging you, you can either simply refuse to pay (in which case the landlord may sue you - what does your lease say about attorneys' fees?), or you can refuse to pay and sue the landlord for the return of any part of your security deposit you feel you are owed.   In either case, barring a settlement, a judge or jury will decide how much reasonably was needed to put the apartment back in the proper condition.... Read More

To get your car back, you're going to have to sue the person that has it, and you'll have to get a TRO against the DMV to not transfer the vehicle.  This is litigation that is very difficult to determine how long it will take or how much it will cost.  It all depends on how well your case goes.  Please call or email an attorney for a ful consultation.... Read More