California Civil Litigation Legal Questions

IMMEDIATELY contact your insurance company.  It should provide an attorney for you. While it is theoretically possible that you could lose your personal assets if the amount of a judgment against you exceeds the amount of your insurance coverage, that is rare.  In these types of situations, plaintiffs will usually be willing to settle before trial for the limits of the policy, or less, because that avoids any risk of losing at trial, as well as the delay and expense inherent in litigating through trial.  Of course, a plaintiff is more likely to take the risk of losing at trial if he/she  has more to gain, i.e. the better case he/she has, the more assets you have, and the less coverage you have.  If the plaintiff has a case he thinks is worth $300,000, your coverage is only $250,000, but your assets are only worth $30,000, the plaintiff is likely to settle for the policy limits.  If the case is the same, but your coverage is only $25,000 and your assets are worth over $1 million, the plaintiff is unlikely to settle for only the policy limits, but will seek a personal contribution from you.... Read More

Probably not.  For most claims, you not only to be able to show that a wrong was committed against you, you also need to show that you were damaged by that wrong.  If you had choked on the bone, had to go to the hospital, and had thousands of dollars in medical costs, you would have a good claim.  Here, the most damages you suffered was the cost of the can of soup.... Read More

Since you did not respond to the lawsuit the creditor took a default judgment against you and then attached the judgment as a lien against your home. However, they cannot take over your mortgage payments. My recommendation is to contact a lawyer to see if the judgment can be set aside. In California you can bring a motion to set aside a judgment under certain circumstances so long as it is within six months from date of entry of judgment. Mitch Abdallah (916) 446-1974... Read More

As a precaution, In addition to naming the corporation, I would also name the person that caused the harm to you although typically the corporation is equally responsibility and usually has the ability to pay if you are successful. Feel free to call if you need further advice. Sincerely, Abdallah Law Group, P.C. (916) 446-1974... Read More

Assuming that there is no cure period set forth in your agreement (i.e. something along the lines of "customer will have ten days from receipt of written notice of default to cure"), you could have pursued legal action the instant payment became overdue, even sooner if they had told you beforehand that they will not pay.  Most people wait a little while because there is no sense spending money on a lawsuit if they think payment is going to be made within a short time anyway.... Read More

From what you've written, it seems that you have not yet commenced litigation. Mediation may turn out to be a waste of time, but if it does there is nothing to prevent you from commencing a litigation (or an arbitration if the other side agrees to arbitrate - you can't force them to arbitrate absent an agreement to do so).  Just make sure there is no statute of limitations problem.  On the other hand, there is nothing to stop you from mediating after you have commenced the litigation and perhaps gone through discovery, but that could be very expensive.  If the pre-litigation mediation is successful, however, you will save a LOT of money you would have to spend to litigate or arbitrate, not to mention the hassle of having to be deposed, testifying at trial, disclosing your private financial documents to the other side, etc  The bottom line is do you trust your attorney?  If you do, you should heed his/her advice and mediate.  If you don't trust your attorney, you might want to think about getting a different one.... Read More

Yes, there is a statute of limitations, but it varies from state to state.  I don't know what it is in California.  In New York, I believe the limitations period for conversion is 3 years from when the tort occurred.  While it may be shorter in California, I would be shocked if it was shorter than the 2 or 3 months you're describing.  However, your ex may argue that the delay shows that she didn't really steal anything or you would have sued her right away.  Personally, I don't think a 3 month delay shows anything of the sort, especially since you reported the theft to the police right away, but nobody can guarantee what a jury member will think.... Read More

You can sue for what is known as "specific performance", that is to have the contract performed by being provided with the photos for which you contracted.  This fits into the category of what is known as equitable relief (as opposed to "legal relief", i.e. money damages).  However, you should be careful because some courts, often including small claims courts, do not have the power to award equitable relief, and you would have to sue in a court of general jurisdiction, which might be more expensive than the matter is worth.... Read More

He can sue you, because anyone can sue anyone for anything.  That doesn't mean he will win, but there is no way to avoid publicity if he does sue and the press wants to publicize the suit.  It seems to me, however, that he would be more unhappy with publicity than you.  Why would he want people to learn that he may be a rapist?  So I think it unlikely that he would sue you especially since, even in the unlikely event that he won, you have no money so what does he have to gain by suing you?   If he sues you for defamation, you have at least two defenses on which you could prevail.  First, truth.  If you told the police the truth, as you indicate in your email, you have done nothing wrong.  Second, privilege.  Statements to to the police reporting crimes are generally privileged, to a greater or lesser extent depending on the jurisdiction.  In order to overcome this privilege, he would at least have to show that you intentionally lied to the police in order to get him in trouble.  Again, from your email, it does not appear that you have done anything like that.... Read More

Dear Alison, In the California Rules of Court Supplement, Judical Canon 3 states that Judges must perform his/her duties "impartially, competently, and diligently" and that whenever there is the "appearance" of impropriety, they should recuse themselves.  Filing a Motion to disqualify a Judge can be risky -- Judges are people too; they talk to each other and they can "take things personally."  In addition, your Motion will be part of the Court file so your next Judge will see it. If you have not filed an Answer yet or if you are still within 20 days of having your Judge assigned to the case, you can file a Peremptory Challenge under C.C.P. Section 170.6, which does not require that a reason be stated. What I would consider significant is whether your Judge was also involved in school board activities somehow and whether your defendant and the Judge were "more than" professional partners, i.e., close friends whose families frequently socialized, etc.  Many law partners are not that close with each other outside the office.  Good luck with your case.... Read More

Admissions are generally admissable in court.  In the Federal Rules of Evidence, they are known as Admissions of a Party Opponent.  In PA, we have adopted similar rules, although I don't know about CA.  The reason for the rule is that the person who allegedly made the admission can testify and admit or deny them, but the trier of fact is allowed to hear them.  ... Read More

You need to appear in Court on the date your examination was continued to (look at the court docket on line or in court) and explain to the judge why you missed your last date.  Be prepared to have a doctor's slip.  Then the bail issue should disappear, as you have made your appearance.  You need to bring any papers that have subpenoenad and be prepared to be examined on your assets and income. Make sure the court revokes any warrant for your arrest.  In that case no bail, of course.      ... Read More

You need to engage the services of an attorney to conclude your matter. If you cannot afford to do that (and, if necessary, return to California in person to give testimony or otherwise prosecute your divorce), then it may be possible to obtain a divorce from scratch in the state where you currently reside, provided that you meet its residency requirement and, very importantly, that you make certain that the California proceeding has been abandoned by your husband. You should see an attorney where you reside to address this issue.... Read More