California Litigation Legal Questions

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217 legal questions have been posted about 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 complex litigation, complex and multi-district litigation, and civil litigation. All topics and other states can be accessed in the dropdowns below.
California Litigation Questions & Legal Answers - Page 6
Do you have any California Litigation questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 217 previously answered California Litigation questions.

Recent Legal Answers

What can be done if I was being recorded both audio and video without my consent?

Answered 11 years and 8 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer
That is a violation of the Penal Code. You could report him to the police department. They may not do anything. Next time do not talk to him.
That is a violation of the Penal Code. You could report him to the police department. They may not do anything. Next time do not talk to him.

What are my options if my broker decides not to pursue with the Real Estate Contracts?

Answered 11 years and 8 months ago by Linda Kaye Frieder (Unclaimed Profile)   |   1 Answer
You could sue in small claims court.
You could sue in small claims court.
Gifts are gifts and you can not sue for their return.
Gifts are gifts and you can not sue for their return.

What are the rules or laws regarding restricting access and accessible exits for self storage facilities?

Answered 11 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   1 Answer
You have a contract with them that requires both sides to abide by certain terms. They can not change the hours of operation without notifying you; changing the evening hours can be very important because some people might not be able to use the facility except after their work hours. So they are providing you with less services. Also, they should have an emergence number inside the gate that can be called, especially if someone is trapped inside. But if you knew that you would have to enter a code to get out, then it was not reasonable to drive in. You should try to get some compensation from them.... Read More
You have a contract with them that requires both sides to abide by certain terms. They can not change the hours of operation without notifying you;... Read More

Am I entitled to anything from my father since I am the first born and have his exact same name?

Answered 11 years and 9 months ago by Edwin K. Niles (Unclaimed Profile)   |   6 Answers
British system: First born. Ca system: share equally. However, the new wife may be entitled to some or all, depending on separate or community property. Will? Trust?
British system: First born. Ca system: share equally. However, the new wife may be entitled to some or all, depending on separate or community... Read More
You desperately need a family law attorney. Dissolution and custody court is run under different rules than the regular courts. Get all the papers you can together for the attorney. One important question will be whether the restraining and gag order came from a MEDIATOR or an ARBITRATOR.  They are very different and have very different powers and consequences. That is the first question your attorney will need to resolve for you. I recommend Michael Finein in Alameda. Dana Sack  ... Read More
You desperately need a family law attorney. Dissolution and custody court is run under different rules than the regular courts. Get all the papers... Read More

How do I go about filing a claim in small claims court against my car dealership?

Answered 11 years and 9 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer
You could probably sue both in one case.
You could probably sue both in one case.

Can I file a lawsuit against my ex-boyfriend for allowing me to drive his car under the influence?

Answered 11 years and 9 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers
Probably not, since it was your choice to drive after having been drinking. Next time, I suggest that you call a taxi for both of you.
Probably not, since it was your choice to drive after having been drinking. Next time, I suggest that you call a taxi for both of you.

Can I file a lawsuit against my ex-boyfriend for allowing me to drive his car under the influence?

Answered 11 years and 9 months ago by Steven Jed Alpers (Unclaimed Profile)   |   2 Answers
Unfortunately there is no way to sue him. The most you can do is dump him.
Unfortunately there is no way to sue him. The most you can do is dump him.

What are my rights with regard to making a petition?

Answered 11 years and 9 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer
That is a planning or environmental issue. Seek a lawyer who deals with those issues.
That is a planning or environmental issue. Seek a lawyer who deals with those issues.

Can I file a lawsuit against my property management company?

Answered 11 years and 9 months ago by Patrick William Currin (Unclaimed Profile)   |   2 Answers
You cannot sue for personal injuries in the Unlawful Detainer action your landlord may bring. You would have to file a separate case.
You cannot sue for personal injuries in the Unlawful Detainer action your landlord may bring. You would have to file a separate case.

Is it illegal to play lacrosse in my backyard?

Answered 11 years and 9 months ago by Steven Jed Alpers (Unclaimed Profile)   |   1 Answer
It is not illegal, but you may want to find a park or somewhere else to keep from problems with your neighbors.
It is not illegal, but you may want to find a park or somewhere else to keep from problems with your neighbors.

my sin is being bullying by his math teacher

Answered 11 years and 9 months ago by Dana Sack (Unclaimed Profile)   |   1 Answer
Have you met face-to-face with the teacher? You have the right to meet face-to-face with the teacher, and if you are not satisfied with the results of that meeting, you have the right to meet with the principle of the school. Check the school district's website for the full grievance procedure and follow that procedure. I had children. Teens sometimes inadvertently exagerate and sometimes exagerate in order to find an excuse for behavior they're not proud of. I am not saying you should disbelieve your child, but before taking up his side, you ought to hear the other side, and decide for yourself who looks and sounds more credible. Sometimes it is the parents' responsibility and duty, for the benefit of their child, to support the teacher over the child. Dana Sack 510-286-2200  ... Read More
Have you met face-to-face with the teacher? You have the right to meet face-to-face with the teacher, and if you are not satisfied with the results... Read More

Can the landlord evict me if I am not on a rental agreement?

Answered 11 years and 10 months ago by Edisson Seropian (Unclaimed Profile)   |   7 Answers
Yes, you may be evicted. You are using a space without payment. One can not get something for nothing. The landlord also is not obligated to rent it to you. Your station in the property is at best an invitee who has become a "squatter". Is you leave the property with any damage, you can also be prosecuted as an unauthorized entrant, which is worse than a tenant!... Read More
Yes, you may be evicted. You are using a space without payment. One can not get something for nothing. The landlord also is not obligated to rent it... Read More

What can I do if my wife would not allow me to enter my home to get my items?

Answered 11 years and 10 months ago by Frances Ann Headley (Unclaimed Profile)   |   7 Answers
If there is a dissolution action on file then you can file a request with the court for an order allowing you access to the house to get your personal belongings. You should consult a family law attorney or facilitator to assist you.
If there is a dissolution action on file then you can file a request with the court for an order allowing you access to the house to get your... Read More

Discuss Jurisdiction and Venue.. Where should i file?

Answered 11 years and 10 months ago by Dana Sack (Unclaimed Profile)   |   1 Answer
The good news is that you have a choice of venues to file your lawsuit. Analyzing the relative pros and cons of each choice against the other choices is one of the things you hire an attorney to help you decide. Included among those factors will be who the witnesses are and how the testimony of those witnesses is going to be received and believed in one venue versus some other allowable venue. Whomever you choose to represent you, that lawyer will want to particiipate in deciding where to file. Dana Sack 510-286-2200  ... Read More
The good news is that you have a choice of venues to file your lawsuit. Analyzing the relative pros and cons of each choice against the other choices... Read More

Can you file a wrongful termination lawsuit if you have a new employment?

Answered 11 years and 10 months ago by Steven Jed Alpers (Unclaimed Profile)   |   4 Answers
In an unlawful firing the issues are was he illegally fired, normally requires proof of discrimination, and then what are the damages. If he did not miss much time for work his damages will be small unless he lost pension or other valuable benefits.
In an unlawful firing the issues are was he illegally fired, normally requires proof of discrimination, and then what are the damages. If he did not... Read More

Is it legal for nudist parents to do kegel exercises amidst their nudist adolescent children, if they're fine with it?

Answered 11 years and 10 months ago by Linda Kaye Frieder (Unclaimed Profile)   |   1 Answer
No. It's called child molestation.
No. It's called child molestation.

Will I be save to go ahead and build if the mortgage company found a gap from 25 years ago where a deed never got recorded?

Answered 11 years and 10 months ago by Edward L. Armstrong (Unclaimed Profile)   |   9 Answers
If you have been paying tax on this property for that number of years, you may actually be the owner by adverse possession. This is a complicated issue and you need to have help from a real estate attorney. Probably what you will need to do is file a law suit to "quiet title." You will need a lawyer to help you with this.... Read More
If you have been paying tax on this property for that number of years, you may actually be the owner by adverse possession. This is a complicated... Read More

What determines if a trial will be by jury or judge only?

Answered 11 years and 10 months ago by Dana Sack (Unclaimed Profile)   |   1 Answer
If your claim derives from English common law, you probably have a right to a jury. If your claim is also a crime if brought by the government, you probably have a right to a jury trial. If your claim would have been heard in the courts of the church under English common law, then you probably do not have a to a jury trial. If your claim was created by a statute, and not a statute just describing or restating common law, then you probably are entitled to a jury trial only if the statute says so. It is very complicated and there are a lot of exceptions and special rules. A new one is that you must deliver the jury fee of $150.00, less than one year after the lawsuit was first filed. Jury trials are very complicated. If you are going to ask for one, you desperately need to have na attorney represent you. Dana Sack 510-286-2200  ... Read More
If your claim derives from English common law, you probably have a right to a jury. If your claim is also a crime if brought by the government, you... Read More

How do I go about cancelling a state divorce proceeding due to incorrect residency?

Answered 11 years and 10 months ago by Steven Jed Alpers (Unclaimed Profile)   |   2 Answers
You need help from a NY lawyer not a CA lawyer.
You need help from a NY lawyer not a CA lawyer.