California Civil Litigation Legal Questions

I'm sorry to hear of the passing of your mother.  You may have to initiate a probate proceeding to be appointed as the administrator of her estate.  You may not be entitled to anything yet.  Her estate may require administration, which is the process of finding and paying creditors, determining heirs, and distributing assets.  Contact a probate attorney for a full consultation.... Read More

The short answer is that yes, you probably can remove the lights and poles assuming that they are clearly inside the boundaries of your property line.  That being said, if the poles are permanently affixed to your property I would be cautious about simply removing them without some sort of an agreement. Have you spoken to your neighbor about the issue?... Read More

The first thing you need to do is seek medical attention.  Get the opinions and advice of a toxicologist on whether or not your symptoms are truly being caused by your residence (mold).  If the doctor say "yes...they are" you need to speak with an attorney who handles toxic tort litigation.  ... Read More

Not until you domesticate the judgment in New Mexico.  If the original judgment was fully litigated, this should be a fairly simple process which the court clerk can help you with.  If the original judgment was on default, however, you will have to start a new lawsuit in New Mexico in which the initial issue will be whether the California court had jurisdiction over the defendant.  If so, the judgment will be converted into a New Mexico judgment; if not, you will have to litigate the case in New Mexico.... Read More

Al board memeber of a California corporation has a right to inspect and copy any record on the corporation upon reasonable notice unless the director has a conflict of interest in the information requested - for example if the director is suing the corporation.  See California corpoations code 8334. Call me at 619-708-1628 if you need more information.... Read More

Need much more information than you've provided......you mention a judgment what type of a judgment and how does it relate if at all to your losing your license? What was the date of the judgment? Was their a dmv hearing on the issue of your license revocation? If so, when was the decision made to revoke your license? If not provide in detail the process by which your license was revoked.......Stephan Math Esq., smesq1@aol.com... Read More

Yes, you can file a motion for summary judgment.  Usually you would do this after conducting disovery in the matter.  Beware, an HOA can assess fees against you, including attorney's fees.  Be careful of incurring more costs for yourself.  Have an attorney represent you in this action.... Read More

A case seeking $14,000 is a limited civil case that can be brought in the county superior court.  Depending on a few factors, you can sue for up to $10,000 in small claims court.  Even if you can bring a limited civil action in superior court, you may want to limit you claim to $10,000 for a faster and easier case.... Read More

Whether or not you can sue your family for a share of your father's estate depends on a lot of factors that you have not provided.  Was there a will?  Was there a trust?  Who is the beneficiary under the life insurance policy?  Is there a probate action?  I would urge you to contact an attorney to discuss this matter.... Read More

If you had fire insurance that paid your fire claim, then it's your insurance company (not you) that has a claim against the neighbors for starting the fire.   If you did not have fire insurance or if your fire insurance company denied your claim, then you can sue the neighbors for starting the fire.... Read More

When a demurrer is sustained with leave to amend, you will have to redraft any causes of action to which the demurrer was sustained and the court has granted you leave to amend.  If the court sustained a demurrer WITHOUT leave to amend, then you cannot amend that part of your complaint.  So when you say that "damages are sustained without leave to amend" it makes me believe that you requested a remedy that is not proper for that cause of action.  The court cannot award your damages yet, as the case is not at issue because the defendant has not filed an answer.  I think that you have misunderstood the court's ruling about the demurrer.  You're in over your head and you need an attorney.... Read More