California Civil Litigation Legal Questions

First, write a demand letter asking for the return of your vehicle.  If you don't get it back, then sue for the return of your vehicle.  If it is worth less than $10,000, then you can sue in small claims court.  If it is worth more than $10,000, then you will have to file in regular Superior Court.... Read More

I understand your facts to mean that the parents created a trust for their own benefit with the daughter as the trustee.  The trust owned the home.  When the home was sold, the proceeds were paid to the daughter as trustee of the trust.  However, the daughter has either put the funds in her own bank account rather than the trust bank account, or she has since distributed money from the trust bank account to herself. If so, then this is a breach of fiduciary duty and the father should be suing to recover money that he is owed.... Read More

As required by California Civil Code section 1950.5: within 21 days of a residential tenant moving out of the premises, the landlord must send the tenant: (1) the balance of the security deposit; (2) an itemized statement of any deductions from the security deposit; and (3) copies of receipts for the deductions.  If the landlord does not comply with these requirements, the tenant can write a demand letter for refund of the security deposit.  If the landlord still does not return the security deposit, then the tenant can sue in small claims court for the security deposit plus penalties of up to two times the amount of the security deposit.... Read More

Until the tenant has relinquished possession of the rental unit to you, you can leave the unlawful detainer action open.  You can enter into a written stipulation with the tenant to move out on a certain date, and then the unlawful detainer will be dismissed. Here is the stipulation form: http://www.courts.ca.gov/documents/ud115.pdf... Read More

As an unlicensed contractor, you are not entitled to charge $4,200 in labor and the homeowner can sue to get their money back.  The maximum you can charge for a job is $500 for materials and labor.  It doesn't matter that you disclosed that you were not licensed and it doesn't matter that you were doing someone a favor.... Read More

Assuming that you didn't sell the home than the other agent seems very unlikely to get anywhere with the lawsuit because he would have a very difficult time proving or even alleging that he was damaged.  If you didn't know that the photos belonged to the other agent any claim for punitive damages is also not going to go anywhere. When was the lawsuit filed and have you filed a response? Jon... Read More

Your facts are confusing and I'm not sure if I have them correct.  When the defendant fails to answer and a default judgment is entered, all of the facts in the complaint are deemed to be admitted by the defendant.  So yes, that is a judgment on the merits because all of the facts in the case are deemed to be true and satisfy the elements of the causes of action.  You've got a short window to file a motion to set aside the default.  Contact an attorney to represent you.... Read More

It sounds like you have been served with a summons and complaint in a lawsuit. You may have been served improperly or the service may have been valid. In either event, you need to protect your rights by quashing service and setting aside the default. Any default judgment may be recorded as a lien against your property. Act quickly to preserve your interests.... Read More

All is not lost and it's an easy procedure.  You have already filed your answer and the cross-complaint with the court.  Prepare a proof of service and serve the other party by mailing these documents to them.  Then, file the proof of service with the court. One option is for you to hire an attorney for unbundled services.  It's not the full services of an attorney representing you, but it would get you some help where you need it most.  You can ask for just help to draft documents, review documents that you have drafted, help with legal research, or just appear in court for you. Another option is for you to hire a paralegal to help you with the procedural issues, like what you've asked in your post. It's really tough to do this on your own and while I understand that you don't have disposable income to hire an attorrney, you also don't have the money to pay for a judgment if you lose.... Read More

I can see why you would be upset, but if you didn't suffer any adverse consequences from the mistake, I don't think you will make anything better by retaining an attorney.  If you did suffer some adverse consequences from the mistake (other than mental distress) than you would have a claim against the lab and probably should consult an attorney.... Read More

The short answer is yes, assuming that your current attorney is comfortable with it. I recently was retained to come into a case for the sole purpose of negotiating settlement and although the existing attorney was probably a touch uncomfortable with the situation, we both understood that it was to the benefit of the client and the case quickly settled. Thanks,Jon... Read More

Hi Scott, Sounds like a pretty obvious conflict of interest. Even if the contract was legitimately awarced (which doesn't appear to be the case), I can't imagine a legitmate rationale for buying a patrol car for a security company. Let me know if you want to connect to discuss options. Thanks, Jon... Read More

Although I am not familiar with California law, most states have criminal statutes prohibiting computer hacking.  If you brought this information to the authorities, they might commence criminal proceedings against her.  As for a civil suit, you may be able to get an injunction against her using any of the information she got from hacking, and ever accessing your email again, but you haven't mentioned any money damages that you have suffered from the hack.  However, it may be (again, you'd have to check California law) that there is an anti-hacking statute in California which provided for the right to recover a certain amount from a hacker even in the absence of actual money damages.... Read More

You will not be arrested for not repaying a loan; it is not a criminal matter.  You can be sued in a civil case, a judgment can be entered against you which will likely include interest and possibly other costs, and the judgment creditor can then avail himself of legal methods of collection, such as garnishing wages and/or attaching any assets and selling them to pay off the judgment.... Read More