California Litigation Legal Questions

She's your mother. You can file a complaint with the police. The District Attorney might choose not to prosecute, but what if he does? You want your mother to go to jail? Same with suing her. You can sue her for the value of the stuff she throws away, but it's probably not worth much, except to you. You're really going to sue your mother? Isn't the relationship worth more than that? She's giving you a whole house! No downpayment. Maybe the least you can do is to get rid of some stuff which offends her. Get rid of some bongs and sexist posters? She's doing you a favor. How about hiding it in the trunk of your car, at a friend's place,  or at a Public Storage or AAAAA Storage place for a month or two until she's gone?... Read More

The law in California is very clear on this subject. The client owns all of the attorney's files on the client's matters. The client can require the attorney to release the files to the client at any time. The attorney is allowed a reasonable time to make any copies the attorney wants to make and keep of any of hte files, but the attorney must do so at his own cost and at no cost to the client.... Read More

He was only prohibited from practicing law for 90 days. You would have to check with the State Bar www.calbar.org to find out the actual 90 days he was supposed to not do any law. If he did any work for you during those 90 days, he should be reported and the State Bar should disbar him permanently. If he did not work for you during those 90 days, and he did do work for you during some other time, then you should pay him for the reasonable value of the work he performed for you. If you would like to discuss this further, please call me at 510-286-2200. Dana Sack  ... Read More

You have the right to buy the same bed from someone else, and if it costs more, you can sue the first store for the difference. This is the legal concept of "covering." The amount might be small enough, that you'll decide not to bother. The amount will probably be smalll enough that you can sue in small claims court. You can also sue for the inconvenience of not having a bed after the date they promised to deliver, but not for more than a few days.  When you go to court, your phone calls probably won't count. The store will deny knowing anything about them. Send them a letter, on paper with a signature at the bottom. You can scan it and email or fax it to them. Don't send them just an email. Emails are too easy to fake. When they get a letter, even as an attachment, and with a copy by mail, they'll know there's an attorney advising you and lurking around somewhere. They'll know that letter is in order to set them up for a lawsuit. They might respond to a written demand that they deliver the bed you ordered and honor your contract, by agreeing. It's worth a try. Dana Sack 510-286-2200... Read More

You need a written partnership agreement. Otherwise your partner will get away with everything, and without a written partnership agreement there's nothing you can do about it. In a partnership all partners have management rights and can spend partnership funds on reasonable expenses incurred in the business, which could include gas, tools, and expenses of hired help. As long as you let him take the money, and to pay his expenses, you will not be able to complain. Based on your description of events, without a partnership agreement in place, litigation will not help. You need to call an attorney who can draft an effective partnership agreement giving you some control over expenses and management in the partnership. Then your partner can't unilaterally take the partnership funds, or spend on personal expenses. You can also limit draws to an agreed amount, and place limits on wages paid to helpers. Then if your partner violates the agreement you can litigate to recover what he wrongfully took.... Read More

If your spouse is a physical threat to you or the children, then you can obtain a temporary protective order to keep her out of the house. If not, then the court will not order her out of the house until it has heard some evidence as to who should be entitled exclusive possession of the marital residence. You can serve her with an emergency motion for exclusive possession of the marital residence at the same time you serve her with the divorce papers. You could also attempt to have her evicted, but if you're currently married then the rent is being paid with community property and she is entitled to remain in the house until the court says otherwise.... Read More

You need a lawyer. I help run such events. There are many factors involved. Even if this is outside a city, it is still in something else, such as a county. Most counties require permits for events. There may be zoning that prohibits such a use, or such a temporary use may be allowed with a permit. That is why you need a lawyer who knows about these things. I strongly suggest you do not call it a rave, and call it something else that sounds friendlier. The word "rave" has the implications of drug use. You almost surely need an event permit, insurance, plans for parking that will be part of the permit, proper zoning for such an event. It can be quite difficult to get the needed insurance, and insurance is usually required for the permits. You will also need to follow sound ordinances or might even need a sound permit. Every element will have to be inspected, such as every stage or platform, every scaffold, electricity, food service. This is not impossible, and there are groups running such events all the time. However, the permits take time and money. You will need to work with good planners who know how to do a layout and how to do a good set-up and take down. You should see first if you can secure the permits and insurance before selling tickets. When you sell tickets, you should sell advance, no refunds. You absolutely cannot permit the sale or use of any illegal drugs, or the land owner risks losing the property.... Read More

Permits are for permission. The key is to have the landowner's permission. The permit will not help you avoid liability for all of the other instances of possible injury or illegal activity that can occur at the event. Instead, it will prevent the landowner from suing you for using the property without permission. I suggest you speak with a knowledgeable entertainment lawyer to help you get the proper insurance and put into place some legal safeguards.... Read More

You will probably need to notify officials in the county the ranch is located in. While it sounds like you have carefully planned this project, there are various agencies that may need to approve the project - everyone from the Roads Department to Water Quality to Fire and Sheriff's Departments.... Read More

Family Law attorneys deal with such issues all  the time. FYI: in most other states, pensions are not community property. That's why you get some resistance to the concept that the other spouse owns an interest in the pension. Community property covers about 1/3 of America and has existed a long time. You would think that ERISA Plan administrators would figure it out. Dana Sack 510-286-2200... Read More