California Litigation Legal Questions

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 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

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

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

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

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 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