California Litigation Legal Questions

A California court would find that; If your husband was in the military and his residence before leaving was New York and he intended to return there and has in fact returned there; then New York has jurisdiction, as it is considered his domicile. But, it would be a divorce without the issue of child custody being decided. The state where the children last resided for six month prior to the start of the proceeding would have jurisdiction regarding child custody. If you meet the residency requirements of California (3 months in the county and six months in the state) you may serve and file your divorce in California. California will have jurisdiction if you serve him, before he serves you. While you are waiting you can file for legal separation, but again, the issue of child custody belongs to the state where the children last resided for six consecutive months.... Read Answer

Recording any conversation without notice to the other side and their consent or their implied consent when they don't hang up after being so notified, is a crime. The judge will refuse to hear it. The judge will not let anyone mention it, even indirectly. If anything nis said about it in front of the jury, the warning the judge gives to the jury is likely to be so severe that you will feel you have lost the case. The judge can order a mistrial and require you to pay the other side's attorneys fees for trial days wasted as a result of the disclosure to the jury that there was an illegal recording. There are numerous issues in every trial where the judge's impmression and belief in who is telling the truth is crucial to the judge's decision. If the judge knows that you illegally recorded a conversation, it will ruin the credibility of both you and your attorney. On all the close motioins, expect to lose them. If you record conversations in order to confirm or correct your memory of them, keep the recordings utterly and totally secret from everyone except your attorney. At least you and your attorney will be able to determine what was actually said, as distinguished from what you remember and the other side claims. But you will never be allowed to use them to prove anything. On the otherhand, if the other side learns of their existence, they are entitled to copies and to use them against you. Yes, the worst of both worlds gets heaped upon you. Don't do it. It's too dangerous and not worth it. Dana Sack 510-286-2200  ... Read Answer

The reason for a security deposit is to fund damage repairs but the deposit must be accounted for within 20 days of the tenant moving out and must include receipts for work done. If you did all of that then you may be able to appeal but be mindful of the amount of time from judgment that you have to file your appeal. You should consult a real estate attorney to review all of the facts and advise you.... Read Answer

I don't know what district you attend. Some even have metal detectors at the door. You still have some rights to privacy, but you are risking that if they come up with some reason to search you, you could suffer discipline and possible expulsion for possessing drugs, especially the adderal.... Read Answer

Be sure to read the fine print on the card and also on the little folder and instructions that came with the card. Some cards cannot be used to make certain purchases. If the gift you were given cannot be used to buy a phone card, use your gift to buy something else you would enjoy. If you think you would not enjoy anything else in the store, you might try to trade out with a friend where they take the card and give you the cash. This is not really a lawsuit or legal matter. Some cards have restrictions on how they can be used. You were hoping to buy one thing and you are being told it is not allowed. So it is time to adjust to this disappointment and get something else you would like.... Read Answer

No. If theipliantiff files a request for dismissal, without first obtaining your agreement to waive court costs, then you are the prevailing party, and you are entitled to file a Statement of Costs. In most cases, court costs inlcude the initial filing fee, sometimes referred to as a first appearance fee, filing fees for motions, the bills of process servers if required, and the fees of the court reporter and witness fees for depositions. If the lawsuit arises from a contract which includes a provision allowing either party to recover its attorney's fees, then the prevailing party may include all of the attorney's fees and expenses it incurred on the Statement of Costs. There are also some statutes that allow attorneys fees, especially discrimination laws and RICO. You cannot recover anything for your own time defending yourself, even if you are an attorney or in-house counsel for a company which is a defendant. The time for filing a Statement of Costs is very short, maybe even as short as 10 days. Please look up the time in the Rules of Court or Code of Civil Procedure, immediately. After you file and serve the Statement of Costs, it is approved automatically, unless the other side files and serves a Motion to Tax Costs right away. Again, it is a short time. If she or he does not, then the Statement of Costs is deemed approved and you are ready to submit a proposed judgment on the court form. Once the judgment is signed and filed, you are ready to enforce it. If the plaintiff files a Motion to Tax Costs, the hearing may be scheduled very quickly and you may have very little time to submit any more detailed accounting of the costs for which you are seeking reimbursement. Find out the time limits and don't miss any fo them. Missing a deadline gives the court an easy excuse to leave both sides with nothing. No winners or losers. Good luck. Dana Sack 510-286-2200    ... Read Answer

Yes. You can sue it in small claims court. The forms are on the court's website. The court holds clinics to help show people how to fill out the forms, how to file and serve them, and how to prepare a winning case. Nolo Press in Berkeley has a good book on how to do it all, including collecting your judgment after you win. Dana Sack 510-286-2200  ... Read Answer

If there was a support order in effect, you should have moved to modify it. Your ex is entitled to the support ordered, until you change the order. The fact that your son was not living with his mother does not change the order, only you could have done that. I strongly suggest you contact an attorney who regularly deals with DCSS to see whether you have any recourse at all. Support arrearages bear interest at 10% per year.... Read Answer

Suggest you obtain the services of a trust/probate litigation lawyer, to advise you and represent you in obtaining your share of the trust estate. Do not accept anyone that does not have a history in trust litigation, and is recommended by his legal peers; also look for any certifications the lawyer has acquired.... Read Answer

You MUST respond to the complaint within 30 days after it was served on you. If you call the plaintiff's lawyer for a 15 day or 30 day extension of time to find a lawyer, he probably will give it to you. If you hire me to represent you, the lawyer probably will grant me such an extension. You can also go to the courthouse and ask for a form to request a 30 day extension of time, in order to give you more time to hire a lawyer. The clerk grants such requests routinely. We charge $300.00 per hour plus expenses. We bill monthly and expect you to pay it withing 10 days after delivery. We will want a deposit of $5000.00 which you will maintain by paying our invoices promptly. We will apply the deposit to any late payment and stop working on your case until you restore the deposit by making the late payment. At the end of the case, we'll apply the deposit to the last bill and return any balance remaining immediately. The deposit is our rough estimate of what the case might cost in any month. If we anticipate doing more work than that in any month, especially if we get to trial, we reserve the right to require an additional higher deposit. Your employer may owe you the cost of defending yourself and reimbursement for any judgment against you. If your employer agrees to has his lawyer defend you, too, which he should, you might want to hire us to just look over their shoulders to make sure they are really protecting you. Your company's insurance company and even your own homeowners insurance might owe you a defense and attorneys fees.  That's one of the first things we will want to check. Our goal representing you will be to get you out as quickly and cheaply as possible. As of now, my law firm and I have NOT agreed to represent you or your employer's company, and we are not representing you. We will not represent you until you have decided you want to hire us and you have told us more about the lawsuit, so that we can decide whether or not to represent you. Until you and I both sign a written attorney client fee agreement and you have delivered the negotiated deposit to me, my law firm and I are still not representing you.   Dana Sack 510-286-2200  ... Read Answer