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

You get a pice of paper called a judgment declaring your entitlement to recover the money. THEN its up to you to use the court authority to try to collect it. If they don't have the money or enough assets you can get to, then you collect nothing. This is the concept of being judgment proof.... Read Answer

Good morning,   It is clear that a party in the lawsuit is seeking your testimony or certain information from you.  Since there is a motion to punish for contempt based on ignoring the subpoena, you should hire counsel to represent you.  Papers should be reviewed and if necessary, opposition should be filed.  Most likely, you will need to provide documents and/or appear at a deposition.  You should not provide any information without the assistance of counsel. Feel free to contact me if you'd like to discuss the matter further.... Read Answer

If this is a marriage based green card, which you have received a conditional two-year card, then prior to the expiration date, you can file for a removal of those conditions, and that can be done within 90 days of the date of expiration. However, if you already have the 10 year permanent card, and it is either expiring, lost, or stolen, then you have to file for a replacement green card. ... Read Answer

There is no way to answer this question without the specific details. That said there is no general prohibition against discrimintation or retaliation by the landlord unless it violates very specific limitations. You will likely need to spend the money to hire a lawyer to review the details and advise you from there. The practical issue, if you think the landlord has targeted you to force you out, is to review your lease and determine whether its more efficient to work with the LL to terminate the lease and move somewhere that you will be appreciated as a tenant.... Read Answer

You do need legal counsel. The problem is the amount of damages against the cost of litigation. If you have a written contract, it really helps as well as receipts. If he took your money, you need to amend your complaint to add a claim for conversion if you are within the tri-county/Ann Arbor area, please contact me via email.... Read Answer

Not likely, as its your responsibility to "mitigate" collateral and consequential damages and most such damages are not recoverable in a general contract sense unless they were foreseeable. There are literally dozens of options available to allow you to maintain online content. Its also depends on whether there is a legitimate reason the laptop is not repaired such a delay with sourcing a part. That said, you should demand that they either fix the laptop, provide you a concrete reason why it has not been fixed and when it will be or that you simply take the laptop back and have it fixed elsewhere. ... Read Answer