Civil Litigation Legal Questions

Bear in mind that being found not guilty is NOT absolution. There is likely not much to do, as if there was enough for the case to go to trial it will make claiming the case was meritless difficult. If you expect to sue the accuser you would have to have some substantial evidence that she perjured herself in some fashion and such a case would not likely be a contingent fee case, unless the accuser was highly collectable for a lot of damages. You can talk to your crminal defense counsel about oher remedies for recovering legal fees or the like. ... Read More

A party can ASK for anything, but it would be a rare case where the Court would order such a test.  The defendant's drug use would have to be relevant to the issues in the case, and there would have to be good reason to believe that the defendant was on drugs.  Perhaps in a child custody case where there was good reason to believe that one parent's drug use was endangering the children?... Read More

When a lawsuit starts, after he pleadings (complaint and answer), you obtain information relevant to the case from the other side (documents, depositions, etc.) by serving written discoverey requests.  There is no need for a court order to get relevant information from a party to the lawsuit.  Reading between the lines here, however, you "missed a court date" and I suspect that a default judgment has been entered against you (in which case you have already lost on the merits and the only thing remaining is the creditor's efforts to collect on its judgment), or the process has otherwise moved forward so that discovery is now over.  In order to get the discovery you want, you have to make a motion to vacate your default and reopen discovery, and in order to prevail you're probably going to have to demonstrate a good excuse for missing the court date and a meritorious defense to the creditor's claims.... Read More

There are actually 2 potential locations for a deposition in California, both of which are at the option of the party noticing the deposition.  The first location is within 75 miles of the deponent's residence.  However, the second is within the county where the action is pending - and - within 150 miles of the deponent's residence.  (Code Civil Procedure section 2025.250(a).)  Is the action pending in Contra Costa County?  If it is, then the deposition location is ok as it has been noticed.  If the action is pending anywhere other than Contra Costa County, then the defense is exceeding the 75-mile cap, and you should object.  If you object, you are objecting to the deposition notice so the governing statute is Code Civil Procedure section 2025.410, which states that the objection should be raised "promptly" and "at least three calendar days" prior to the date of the deposition.  Be mindful that the 3 calendar days is extended by means of service; e.g., +5 for service of objections by mail.  You can probably find a sample objection at the Sacramento County Law Library, which has one of the best law libraries anywhere in the state, especially for self-represented litigants.  Having said that, you really should have an attorney assisting you, even if it's on a limited basis.  This sort of forum is not suitable for someone already involved in litigation and does not take the place of having an attorney on your side.  There are a lot of pitfalls for the unwary in the Code of Civil Procedure, and the defense is sure to make the best of all of them.  I handle cases in the East Bay (my office is in Santa Rosa).  Where is your case filed, and how small is it?  Feel free to email me.... Read More

There is nothing you can do at this point.  Your contract with the co-signed is irrelevant to the bank.  You have to pay if he does not.  You have no damages really at this point to sue, as the late payments are being accepted, and the account is basically current.  The lowering of your credit score, etc., is not really actionable.... Read More

You might have a civil claim for damages on behalf of your son for negligent infliction of emotional distress.  However, even if you win, it seems possible if not likely that the heroin addict thief would not have the financial wherewithall to satisfy the judgment.  Also, your son would be questioned by the other side in a deposition, and possibly also at trial, which might be very stressful for him. ... Read More

It's not clear to me whether your transaction was an investment (where you have no guarantee of being repaid but share in any growth of the business) or a loan (where you have a right to be repaid but don't share in the ups or downs of the business( or some combination of both.  However, whatever your agreement was, if you feel that the other side has not lived up to their obligtations you would sue them for breach of contract.... Read More

Form and Special Interrogatories are questions that a party to a lawsuit may ask the other party to answer under oath.  They are part of the discovery process in every litigation case.  The answers to the interrogatories generally must be provided within 30 days after personal service of the interrogatories or 30+5 days if served by mail.  There are penalties for failing to answer the interrogatories on time.  The answers to the interrogatories can be used to support motions submitted to the court as well as at trial.  It is important that interrogatories be answered carefully, usually with the assistance of counsel. That segues into the additional details you provided.  I am not sure what you mean by "notice," so I am assuming from the details that your lawyer is asking you to sign a Substitution of Attorney form to relieve him/her from representing you and so you can represent yourself.  This is a standard form, so there is nothing per se wrong with the lawyer asking you to sign the Substitution.  Having said that, a lawyer risks malpractice of complaints to the State Bar for abandoning a client or withdrawing for improper reasons.  This is a link to the California Rule that governs when an attorney can terminate the attorney-client relationship and for what reasons.  You may want to review this to determine if your lawyer is withdrawing for proper reasons.  Having said that, if the relationship has broken down to the point where your lawyer is asking you to sign a Substitution, then you should get a new lawyer as quickly as possible to assist you in answering the interrogatories.... Read More

It sounds like a terrible experience, and you may feel better if you complain to local consumer groups or the better business bureau, leave a bad online review, or something similar, but I would not recommend suing.  You have not mentioned any damages suffered by you or your family - medical bills, etc.  I assume that you had some minor damages for laundry bills or replacing the clothes, and you may want to bring a small claims suit for those, but unless you have suffered significant monetary damages, I don't know if you want to spend your time and money (if you have to engage a lawyer, which you probably wouldn't need in small claims court but might need in a court of general jurisdiction) litigating a suit.... Read More

I'm afraid that it doesn't constitute defamation, which is an intentinally or recklessly false statement of fact (not opinion) about a person, communicated to a third party, which damages the reputation of the person being spoken (or written) about or causes that person monetary damages.  However hurtful, the teller's comments do not appear to be defamatory on several counts.  They may possibly constitute intentional infliction of emotional distress or prima facie tort, but you should consult with a Texas attorney to see if the teller's actions constitute one of those torts under Texas law.  You didn't ask, but I hope you don't think I'm overstepping if I suggest that you and your wife have more important things to worry about right now than bringing a lawsuit, which is expensive, time consuming, and stressful.  Perhaps a complaint to the bank's management would be a better way to go.... Read More