California Litigation Legal Questions

Pursuant to California law, generally an attorney controls procedural matters, while needing client authorization to compromise claims, waive appeal rights, dispose of property interests, or surrender substantial legal rights.  Such unauthorized actions may be invalid and may result in civil liability.  This means that a client harmed by former counsel’s unauthorized actions may pursue a negligence-based claim for legal malpractice, and, depending on all facts and circumstances, said negligence-based claim may overlap with a claim for breach of fiduciary duty, fraudulent concealment, or conversion.  Relevant factors include authority, breach, causation, and actual damages.  Although it would appear there are multiple factors at play in your situation, as with any claim, determining the best cause of action/causes of action to protect your legal rights, recover your property, and to pursue a claim for damages will depend on all facts and circumstances.... Read Answer

There is a general rule of law that a person who hires a licensed contractor to perform construction work is not liable for the negligence of the contractor. If the painter is not licensed, then he is considered an employee of the landlord, and the landlord is liablie for any damage he does. The landlord might have been separately negligent for telling you that it was okay to park in an area which had just been painted. If you made a claim against your landlord and the landlord retaliated against you, retaliation is a defense to eviction.  My family are landlords. So I may be a little biased. You are going to have a continuing relationship with your landlord. I would not risk that over the paint problem. I recommend seeking reimbursement for the cost of repairing your car from the the painter only. If you appreciate this free advice, please remember to refer me to any of your friends or acquaintences who need a lawyer. Referrals are still our best source of new business. Dana Sack  ... Read Answer

Was the fire dept able to access the 6000 gallon water tank and transfer the water from it to the home, i.e. to hook up their hoses?  Was there another fire hydrant close enough for them to hook up to or fill the tank on their truck?  It's difficult to sue a public agency for negligence in failing to protect one's assets unless there is clear evidence of gross negligence or a promise to do something they did not do.... Read Answer

I gather you don't have insurance (if you do notify your insurance company right away) and are talking about a potential settlement of a claim which has not yet been litigated  If so, you should know that settlements are voluntary agreements and nobody is required to agree to anything.  If you go to court and lose, a judgment will be entered against you.  IF you don't pay that judgment, or agree on a schedule for paying it off, the plaintiff, now a judgment creditor, will avail himself/herself of various procedures to collect on the judgment, which could include seizing and selling your assets to pay down hte judgment.  Some assets are exempt from this procedure, but you will have to check the extmptions in California (I'm sure you can look them up online) to see what assets would be exempt.... Read Answer

Unless California law is very differeent from where I practice, you can't simply "place a lien" on someone's house.  You either need a contract that allows you to do so (e.g. a mortgage), have provided certain materials or services to improve the house (e.g. a contractor who performs work on the house), have a claim to ownerhsip of the house that you litigate (e.g. you sue claiming that the owner breached a contract to sell the house to you, in which case you have to start your suit within a certain period of time or the lien is invalid) or obtain a judgment against the homeowner in a lawsuit, which allows you to place a judgment lien on the house untill the judgment is satisfied.  Of couse I don't know the whole story, but of these the only one that sounds plausible is that your neighbor sued you and obtained a judgment against you.  You can't get rid of the lien unless you either pay the judgment, or gat the judgment vacated by a court, and almost the only way you can do that is if you were not properly served with the suit and a default judgment was entered against you.  You need to investigate exactly what type of "lien" your neighbor has against your house to see on what it is based and if it's valid.  You may want to engage a local attorney.... Read Answer

Please accept my condolences for your loss.  There are several excellent lawyers in the State of California. Stephen Sirota of my office handles estate litigation.  You can also look on lawyers.com and review their ratings.  Google, Avvo and Yelp also have ratings but they are consumer based and don't necessarily reflect the capabilities of the attorney, but the consumer's experience with that attorney.  The best way to do it is to have a consult with the attorney (they're usually free) and see if it's a good fit for you.  You're welcome to contact our office and ask for Ms. Johns or Mr. Sirota.... Read Answer

Probably nothing at this point.  Other thatn selling below market value, for which the estate could recover money damages, you've written nothing to indicate that the representatiove exceeded her authority pr breached her duties to the estate.  Even if you could prove that she had done so, the estate could not rescind the sale unless it could prove that the buyer knew about the wrongdoing prior to the sale.  If the buyer was what is known as a bona fiide purchaser for value, the estate would be limited to money damages from the representative, and could not rescind the sale, even if the representative had engaged in wrongdling. ... Read Answer

Is it correct that you opened your safe deposit box using an alias and now you don't have ID for that name?  If that is the case, you may have a serious problem unless you applied for the box with a joint box holder who can legitimately access the box.  Assuming that is not the case, procedures for accessing a safe deposit box vary from bank to bank.  Some will require you to show ID.  Some may just require you to sign an admission form which is then verified against the signature on file when you opened the box.  You should read your box contract, if you still have it, for further guidance.  It may be possible to create a limited power of attorney to enter the safe deposit box, but your lack of ID and the difference in names would pose a problem with that as well, even assuming the bank in question would honor a power of attorney. Beyond these concerns, your decision to put "money" inside a safe deposit box was unwise.  For one thing, if this money was from earnings, you may owe federal and state taxes and, after so much time has now passed, potentially substantial penalties and interest.  If the money you put in the box was from illegal transactions, then law enforcement and the Dept. of Homeland Security can get involved if they determine there is "suspicious activity" concerning the box as reported by the bank.  I am hesitant to advise you further in this regard because I do not practice tax or criminal law, but I think you should consult with a tax and criminal lawyer.  It may also be a crime to open a safety deposit box at a bank using an alias.... Read Answer

I am assuming you are not the conservator for your living parent since they are out of the country.  You are under no obligation to answer for that parent.  Is the person attempting service trying to sue the deceased parent as an individual?  If so, they can't, and you have no obligation to answer.  If they are trying to sue your deceased parent's estate, and you are the executor, you should consult with a probate litigation attorney as to how you should proceed, as there are special rules that come into play in that circumstance.  A process server may also attempt to sub-serve them by visiting your home 3 times and then serving you in person and then mailing a copy afterward.  You may want to get the name of the law office that's trying to effect service and tell them the situation.... Read Answer

You can be sued regardless of whther you were criminally charged.  You can win if you have a legal defense (for example if the statute of limitations has run out) or if the finder of fact (judge or jury) believes you rather than her.  Your wife cannot be compelled to use her separate assets to satisfy any judgment against you, but I am not sure if California (which is a community property state) would consider your wife's assets as her separate assets; you should speak to a California attorney or accountant about that.  You have no claim for slander for statements made in the context of the legal proceeding, as such statements are pretty much completely privileged, but may have a claim if the person knowingly published (i.e. knowingly communicated to a third party) a false statement about you outside the context of legal proceedings.... Read Answer

Whether a claimed fact is correct or incorrect, true or false, is what trials are for. No number of false claims can create a truth. Either an asserted fact is true or it isn't. None of that applies to opinions or beliefs.  A string of opinions or beliefs might be correct or incorrect, and still lead to a logical sounding conclusion which might be right or wrong. People with firmly held opinions or beliefs can sometimes me immune to the truth. The fact that any of the opinions or beliefs along the string might be correct or incorrect will be irrelevant. Try to make sure which claims are facts and which are opinions.  Dana          ... Read Answer

If the vendor with whom you contracted to provide the material necessary to manufacture the parts in question intentioonally or even negligently misrepresented then you may well have a claim for such misrepresentation and breach of contract. Much would depend on the specifics of any written agreement or purchase orders for that material. Given that the material in question is apparently rare I would hope that any written agreement or purchase orders were very specific in identifying the material to be furnished...Stephan Math (805)300-2097... Read Answer

It's unclear how the friend became the sole beneficiary under the will.  It's possible that your sister lacked the capacity to sign a will or that the friend unduly influenced her to change her will.  You would have to contact an attorney in Sacramento County to help you.... Read Answer

Standard-Operating-Procedure would be to have a lawyer send him a cease-and-desist letter. I have never heard of one working in this situation. The most you might get would be some excuse, like these were not clients of the company or had already decided to leave the company, because they did not like working with you or the third partner. The lawsuit will take at least a year and be very expensive. You will spend $20,000.00 or more before you are at the stage where you can have a meaningful mediation or settlement conference. You should start by contacting all the clients directly, on the phone, to explain what has happened and get them back. If that doesn't solve the problem, then all you can do is sue. Just the fees to the court and the services to get the complaint filed and served will be about $600.00. Preparing the summons and complaint will cost $1500-$2000. A very aggressive approach would be to seek a temporary restraining order that he stop doing business with the company's clients and stop soliciting its clients. The chance of success is better than fifty percent, but not much better. You would be asking to give you now the remedy that you aren't really entitled to until after a trial. That motion would cost $4000-$6000. However, if you won that motion, it would likely lead to a quick negotiated settlement. Dana Sack... Read Answer

As an attorney who questions jurors, I don't want to ask any personal questions, specifically because I don't want to annoy any juror. You're already annoyed just being there. If a juror says she does not want to answer a question because the information is private, an attorney would be a fool to pursue that question. I would be surprised if a judge would make the juror answer the question. If the judge did require an answer to the question, then the information might not be as private as you think. For example, how much education a person completed can tell me a lot about the kind of juror a person is likely to be. That is based on prejudice and assumptions that are not always correct. Bill Gates dropped out of college. On the other hand, because of those prejudices and assumptions, a lot of people who did not finish college might be embarassed to admit it. Nonetheless, most judges would not consider that sufficiently private and would insist on an answer. Same for what political party you are registered as. On the other hand, even in a rape case, a juror's sex life would be completely out-of-bounds. No sensible attorney would ask, and no judge would allow it. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read Answer

I've never handled such a case, but I feel confident my partner and I could do a good job for you. We have considered and turned down many such cases. Currently, we are not accepting any cases on a contingent fee basis. These cases are very rare. You can't sue someone for expressing an opinion. If the person did not actually know it was untrue, or was not reckless in not knowing whether or not it was true, those are good defenses for celebrities, but they also can be used to defend the case as having been a legitimate opinion. If there is going to be a trial over whether or not it was true, then the speaker might hava had a reasonable basis for believing that the person's opinion was valid. And truth is a defense. You also have to prove damages. Did you lose a job, a promotion or a raise? Did someone stop doing business with you or refuse to do business with you? Did the person false you accuse you of some really despicable behavior? A lot of these cases are not pursued because of the risk that the judgment awarded migh not be enough money to make the investment of time, attention and legal fees, worthwhile. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read Answer

There won't be a subcategory for lawyers who represent notaries (that lawyer wouldn't get much work), but any litigator should be able to help you.  Attorneys who specialize in malpractice cases (not medical malpractice) may be particularly suited to represent you.  However, I don't know exactly what your particular policy provides, but I would expect your carrier to pay for your legal defense and provide you with counsel, or have a roster of approved attorneys from which you could choose.... Read Answer

Yes. Hotels.com, L.P. is qualified to do business in California. So you can sue them here and not in Texas. If the claim is less than $10,000.00, you can sue in small claims court for a $75.00 filing fee and with no lawyers on either side. If you win, the judgment will include the filing fee and the fee of the process server to formally deliver the complaint to Hotels.com. You might try sending them a letter on letterhead and with a signature, enclosing copies of your bank statements and emails, and stating a deadline for them to respond, at least one week, not more than two. The court will want to see a "demand," and a letter will look more formal and serious than a bunch of emails. The other side might suspect that there is an attorney lurking in the background and bump the letter up to someone who will have enough sense and authority to pay you. Good luck. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read Answer

You would be engaging in prostitution and pimping. So the answer is that it is illegal.  The police, district attorney, a judge and jury would have no trouble finding that the attachment of a nude photo to a post about dating includes the implied promise that the date will include sex. And they could make that decision beyond a reasonable doubt. The district attorney in our county takes the position that there is no such thing as consensual sex for money. The woman is always being exploited. The customer and any enabler (i.e. pimp) are the real bad guys. Our DA prosecutes the buyers, not the sellers. In order to avoid the possibilty of lawsuits by the women, you must have a signed written consent. Not an electronic consent, an actual hard copy with blue ink signature and a copy of the woman's driver's license or other proof of identification attached. Otherwise, she can claim that the exchange of emails or the record of her clicking ""agree" on your website, were faked by someone else, maybe even you. Without her face, a woman could claim a photo was her and you would be unable to prove it wasn't. As the plaintiff, she would have the burden of proof, but the judge or jury deciding the case is entitled to find that you are lying and she is telling the truth. Since she will be portrayed as the victim of your sexual exploitation and you will be portrayed as a pimp, she might be able to meet that burden. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack... Read Answer

Before knowing the answer to your question, an attorney would need to research the title and subdivision maps establishing ownership of the land where the tree is located. Is it the city's tree or is it your tree? In many cities, you own the sidewalk and any landscaped area between the sidewalk and the street, and the city just has an easement for the sidewalk. That's how it is in front of my own house. I dedide what to plant there, and if my landscaping causes any injuries, that's my problem, not the city's. But on other streets nearby, the city selects, plants and maintains the trees, and any damage would be its responsibilty. That's on two streets in the same city, in the same neighborhood. Even a small lawsuit costs at least $30,000.00. Cities either have insurance which aggressively defends such lawsuits, or their own in-house city attorneys who do the same. This lawsuit is likely to cost more. For that reason, you might need to call or email quite a few lawyers before you find one willing to take this on. Or you might get lucky with your next one. Keep trying. Do not delay. You must file a formal claim very soon after the occurence. I do not know how soon. If you hired me, that would be the first thing I would look up. If the city rejects the claim or fails to respond within a specified short time, then after that, you will have only a short time to file the actual lawsuit. So get an attorney ASAP. Good luck. Dana Sack  ... Read Answer

Yes, but it is probably not worth the legal fees it would cost or the hassle.  Your damages are the discounted present value of the difference in the amount of the monthly payments you will make under either a new loan now or under the loan you still have, whichever is lower. A year ago, home loans got as low as 3.50%. Now they are approaching 4.50%. So you could sue them for the difference. If that amount turns out to be not more than than $10,000.00, then you could sue them in small claims court. If it was only a little more, you could sue them for $10,000.00 and waive the rest.  We charge $300.00 per hour. A case like this could easily cost $20,000.00 or more in legal fees. So small claims court might be your best option. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack... Read Answer