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California Civil Litigation Legal Questions

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237 legal questions have been posted about civil litigation by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
California Civil Litigation Questions & Legal Answers - Page 9
Do you have any California Civil Litigation questions page 9 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 237 previously answered California Civil Litigation questions.
Civil Litigation
California

Recent Legal Answers

can i get in trouble for pushing over a piece of wood that was on my fence

Answered 13 years and 3 months ago by attorney Hilary B. Miller   |   1 Answer
It depends on your definition of "trouble." Anyone can institute legal proceedings against anyone for anything, including attempting to institute criminal proceedings. It doesn't sound as if you caused any meaningful harm.
It depends on your definition of "trouble." Anyone can institute legal proceedings against anyone for anything, including attempting to institute... Read More

Bought a used car from a relative and it turned out to be a lemon!

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
In general, no. A buyer of used goods generally does so "as is"; that is, without any warranties of condition. A purported oral warranty of "good" condition is likely too vague to be enforceable, even if proven.
In general, no. A buyer of used goods generally does so "as is"; that is, without any warranties of condition. A purported oral warranty of "good"... Read More

What do I do if the opposing party declares a mistrial

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Only the court can declare a mistrial, not your opponent. As a general matter, the contemptuous behavior of the opposing party's witnesses is not grounds for a mistrial, although it may be grounds for something worse.
Only the court can declare a mistrial, not your opponent. As a general matter, the contemptuous behavior of the opposing party's witnesses is not... Read More

HOW CAN MY BROTHER PREPARE AND SUCCEED IN HIS MEDIATION??

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
The child's habitual residence is purely a question of fact. Proving those facts will include showing, if possible, a detailed log with the child's location each night for the six months prior to the commencement of the action, where the child goes to school, where he obtains medical care, etc. Your brother is completely out of his element if he is trying to do this without the services of an attorney. While you are well-intentioned trying to help him with your computer, he needs a lawyer, not a brother with a computer. Help him out by getting him a lawyer now.... Read More
The child's habitual residence is purely a question of fact. Proving those facts will include showing, if possible, a detailed log with the child's... Read More

I have a default judgement pending approval. I have contacted my attorney to find out where it is. They tell me it is pending, courts have probably

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
You can telephone or visit the court clerk and determine where the matter stands. State court systems are under tremendous financial strictures and have cut back the hours of clerks. These kinds of delays are common. Your judgment will be retroactive to the date of the order to which it relates.... Read More
You can telephone or visit the court clerk and determine where the matter stands. State court systems are under tremendous financial strictures and... Read More

Rights to video footage

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
The duplicate of this inquiry has been responded to.
The duplicate of this inquiry has been responded to.

Rights to video footage

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
There's no practical legal downside to sending the tape. If you are in lawful possession of the copy, do not re-copy it, and give it away without charge, your exposure is very limited.
There's no practical legal downside to sending the tape. If you are in lawful possession of the copy, do not re-copy it, and give it away without... Read More

can I sue the detective in my sexual assault case for not investigating it properly?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
No. As a general matter, police officers enjoy immunity from such claims and do not owe any duty to individual citizens.
No. As a general matter, police officers enjoy immunity from such claims and do not owe any duty to individual citizens.

If someone has a lien on the recoveries from an action, and if those recoveries are paid over time with interest, does the lien extend to the interest paid?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Generally speaking, yes. Whatever you recover, the lienor gets paid first until it has been paid in full.
Generally speaking, yes. Whatever you recover, the lienor gets paid first until it has been paid in full.

I am an employee of a private school that is involved in a lawsuit. wrongful termination. This has been going on for a year and now is going to trial.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
As a general  matter, "staff" of an employer have no personal liability for wrongful termination of a fellow employee. If you are a defendant in the suit, then you should discuss this with your counsel.
As a general  matter, "staff" of an employer have no personal liability for wrongful termination of a fellow employee. If you are a defendant in... Read More

Do i respond to an unlawful detainer with an answer packet if the lease agreement was breached by the plantiff?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Your questions do not really make much sense and suggest that it is unlikely you will take the proper steps to prevail in this kind of matter. Get a lawyer, preferably immediately, because time periods are short.
Your questions do not really make much sense and suggest that it is unlikely you will take the proper steps to prevail in this kind of matter. Get a... Read More

How do I get someone out of a house that's in my name?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
You file a complaint with the Superior Court for unlawful detainer. Because these matters are technical and because the occupant(s) may be expected to engage the services of an attorney, you should hire one yourself.
You file a complaint with the Superior Court for unlawful detainer. Because these matters are technical and because the occupant(s) may be expected... Read More

how can I get reimbursed for all the monies I'm spending to live outside my home?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
You may wish to engage the services of an attorney to discuss the commencement of litigation. An attorney can assist you in identifying precisely who is liable (chances are that the HOA is not).
You may wish to engage the services of an attorney to discuss the commencement of litigation. An attorney can assist you in identifying precisely who... Read More

i california , I filed a complaint the defendant never filed a response but did appear in court. the judge ruled in my favor, now what?

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer
If you dismiss the case, you will get none of the relief you want. You need a final judgment. See an attorney to make sure that your interests are protected.
If you dismiss the case, you will get none of the relief you want. You need a final judgment. See an attorney to make sure that your interests are... Read More

Do Family Law and Juvenile Law ongoing cases toll the time required to file a slander suit?

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer
Probably not. The only limitation period that was tolled was the timet to sue for wrongful prosecution.  
Probably not. The only limitation period that was tolled was the timet to sue for wrongful prosecution.  

What can I do if my court fees were denied by the court? The answer is voided, what should I do now?

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer
The rejection of your filings means that, unless something else happens, the case will almost certainly be decided against you on the merits. You should definitely appear. Better, hire an attorney.
The rejection of your filings means that, unless something else happens, the case will almost certainly be decided against you on the merits. You... Read More

I have a civil case for an old credit card bill. Going to mediation and want to know some tips for preparing for the mediation hearing.

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer
Payment is exactly what the plaintiff wants. You should be prepared to document your income, living expenses, and the amount of the payment you can afford. I am surprised that it has gotten this far -- most creditors will negotiate payment plans long before litigation.
Payment is exactly what the plaintiff wants. You should be prepared to document your income, living expenses, and the amount of the payment you can... Read More

Will a civil lawsuit filed 14 years ago be used to question my integrity in a current civil lawsuit?

Answered 13 years and 6 months ago by attorney Arkady Igor Itkin   |   1 Answer
Hello. If your lawsuit from 14 years ago had merit and wasn't frivolous, then it shouldn't really negatively affect your integrity regardless of when it was filed. Having said that, generally, events over 10 years old have very limited relevance and are often excluded as evidence. Thanks, Arkady Itkin San Francisco Injury and Employment Lawyer... Read More
Hello. If your lawsuit from 14 years ago had merit and wasn't frivolous, then it shouldn't really negatively affect your integrity regardless of... Read More

I got a summon today for a traffic incident. Basically, the plaintiff is suing me for personal injury and damages of about 300k.

Answered 13 years and 8 months ago by attorney Arkady Igor Itkin   |   1 Answer
Hello. It's quite possible that you just have the same exact name as the person who was intended to be sued. I would suggest contacting the attorney that represents that Plaintiff and simply clarifying to them that you are not the person they want to sue. Thanks, Arkady Itkin San Francisco Injury Lawyer ... Read More
Hello. It's quite possible that you just have the same exact name as the person who was intended to be sued. I would suggest contacting the attorney... Read More

i feel that im am being slandered what can i do

Answered 14 years ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
Slander is an oral communication to a third party which is untrue, holds you up to disrepute and is likely to be believed by others.   It's been a few years since law school, but I think the definition is close.  You should demand a retraction from the offender.  You should demand the retraction in writing by certified mail return receipt requested to prove he or she received your demand.  If a retraction is not delivered, you have reasons to sue for slander.  You also have to prove damages, e.g. your business or earning capacity suffered, you became sick or your morals were corrupt (this used to only apply to women-I don't know the law now).  Good luck.... Read More
Slander is an oral communication to a third party which is untrue, holds you up to disrepute and is likely to be believed by others. ... Read More

I received a criminal infraction appeal and the letter from the court said it is not necessary to show up for oral argument. Does it help if I do show

Answered 14 years ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
The answer is definitely "Yes!"  Even if you don't have a prayer, dress nicely, always call the judge "Your Honor" and give the best story you can.  Consulting a lawyer as far in advance of the hearing as possible could very well help.  Good luck.
The answer is definitely "Yes!"  Even if you don't have a prayer, dress nicely, always call the judge "Your Honor" and give the best story you... Read More

Sold my car to my nephew, with him signing a (home made) promise to pay contract. He has not lived up to the contract and will not return the car.

Answered 14 years ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
I would suggest my Legal Guide under my name in avvo.com.  It is entitled "How to win as a plaintiff in Small Claims Court."  Good luck.
I would suggest my Legal Guide under my name in avvo.com.  It is entitled "How to win as a plaintiff in Small Claims Court."  Good luck.

How do I go about filing charges against another who wrote me a series of bad checks in the amount of $17,000.00?

Answered 14 years and a month ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
This is a felony and should be reported to your local law enforcement authorities.  They may arrest the perpetrator or refer you to the district attorney.  You also may have a civil remedy and can sue for the money and for punitive damages.  Good luck.
This is a felony and should be reported to your local law enforcement authorities.  They may arrest the perpetrator or refer you to the district... Read More

Can I be sued in small claims by someone who was arrested for committing a crime against me?

Answered 14 years and a month ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
Anyone can sue anyone for anything if they pay a filing fee.  If there is no basis for the lawsuit and you win or it is dismissed, you probably have a  claim for malicious prosecution.  You can recover your damages from defending the small claims action to the extent they exist.  Good luck.... Read More
Anyone can sue anyone for anything if they pay a filing fee.  If there is no basis for the lawsuit and you win or it is dismissed, you probably... Read More

How long will it take to get a ruling from California Superior Court?

Answered 14 years and a month ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer
You should get a ruling 90 days from the time the last papers were submitted.  You should be notified that the judgment is entered by mail; you probably will get a copy as well.  If not, go to the Clerk's office.  If you don't like the judgment, you can move for reconsideration or file a Notice of Appeal.  Good luck.... Read More
You should get a ruling 90 days from the time the last papers were submitted.  You should be notified that the judgment is entered by mail; you... Read More
Civil Litigation
California

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