Get free answers to your Civil Litigation legal questions from lawyers in your area.
I was involved in a civil lawsuit in California over three years ago regarding a business-related fraud claim, which was closed without prejudice due to my lack of assets at the time. The case never made it to court and there was no judgment. The statute of limitations has now passed. Recently, the... View More 
answered on May 9, 2025
Your post is unclear in a few ways, for instance:
You said, "I was involved in a civil lawsuit in California over three years ago"
but, also said: "which was closed without prejudice... due to lack of assets at the time."
AND "The case never made it... View More
I have operated my Etsy shop since 2010, and it was recently suspended due to a handmade piece of jewelry containing Jade from Zinjiang, China. Etsy claimed this conflicted with their policies on sanctioned items. However, their policies do not mention Zinjiang as a prohibited source. Initially,... View More
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answered on May 8, 2025
I think the better question is why would you continue to appeal instead of just taking them up on their offer to reinstate for a promise of not breaking the law in the future. Your best case scenario is that, after a lot of time and effort, you win your appeal and your shop gets reinstated.... View More
I was taken advantage of by a contractor recommended by my husband's nephew during my house renovation. After my husband's passing in September 2023, I didn't realize I hired someone unlicensed and without a contract. He continually asked for money until my savings were depleted, and... View More
answered on May 7, 2025
Yes, you have a case. In CA, unlicensed contractors are not permitted to do the remodel work on your home without serious consequences. You have statutory rights to sue the contractor for the return of ALL money you paid him, as well as other civil penalties. Contact an experienced civil litigation... View More
I have a final divorce judgment that requires property separation through a QDRO, specifically a cash payment from a 401(k) by a specific date. That date has now passed without payment. I have not yet contacted the 401(k) plan administrator. We hired a QDRO specialist to handle the filing. There... View More
answered on May 6, 2025
I'm not sure I understand the problem. Did you get a QDRO? Was that QDRO filed with the court? Was that QDRO then served on the plan administrator? If yes, to all these questions, and you have not yet received what you are due, you need to take that up with the plan administrator. If you... View More
I lost my home in the Eaton fire in Altadena, CA. My family and I received no evacuation warnings, and there was no firefighting assistance or water during the incident. My daughters are traumatized by the experience, and we learned that a neighbor died without any warning. Many residents in west... View More
answered on May 4, 2025
You have six months time limit from the date of the incident in which to file a claim against the government entity. However, the case against Edison is a much stronger case. Edison has admitted fault and a mass tort action ( NOT a class action) is being pursued against Edison. You recover much... View More
I signed a release in January 2024, under financial pressure, regarding my rental unit that was contaminated with toxic mold, including Chaetomium, E. coli, and lethal endotoxins. This contamination has greatly affected my 10-year-old and 4-year-old children's health, causing severe long-term... View More
answered on Apr 29, 2025
A change in circumstance is not a valid reason for rescission. If it can be show that there was unlawful duress, it is possible a lawsuit or motion could be successful. But the requirements are stringent as setting aside agreements are un-favored. The facts of the toxic mold case would be... View More
I received a collections summons on April 24, 2025, from Chatsworth Court House instead of my local court in Van Nuys, both within Los Angeles. The summons lacks a checked box in the "Notice to the Person Served" section. I have not responded or disputed the claims, but have received... View More
answered on Apr 28, 2025
It would not be a motion to quash, but a motion to change venue. Make certain your research shows that they are required to sue in that venue.
Contacting the adverse attorney with a request to move courts should first be attempted.
Note, you must respond in time or they may get a... View More
I represented myself in a combined Domestic Violence Restraining Order (DVRO) and modification of custody hearing. Although the claims of domestic violence were false, I lost because I didn't know how to present my case. The petitioner's original DVRO request didn't include custody... View More
answered on Apr 28, 2025
The inclusion of custody modification in the DVRO hearing likely triggered the application of Family Code Section 3044, which establishes a rebuttable presumption that awarding sole or joint custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the... View More
My boyfriend's 12-year-old daughter is involved in a custody case where her mother hired a lawyer following the receipt of custody hearing paperwork, leading to $3000 in lawyer fees. Her mother told her she wouldn't receive birthday presents due to these fees. The child has expressed... View More
answered on Apr 28, 2025
California courts prioritize the child’s best interests, focusing on their safety and emotional well-being (Family Code Section 33.07). For the mother’s conduct to be deemed emotionally abusive, it must be shown to be extreme and outrageous, resulting in significant emotional distress (Belen v.... View More
I was charged with violating a civil stalking injunction, even though the injunction was vacated and the service of process quashed due to improper service—the order was never served to me. Despite having official documents confirming the vacated injunction and quashed service from civil court,... View More
answered on Apr 28, 2025
Your first step should be to file a motion in limine, a pretrial motion to exclude inadmissible evidence. In this motion, argue that the injunction was vacated and the service of process quashed due to improper delivery to a male at a property you no longer owned. Present certified court documents... View More
I recently signed a Memorandum of Understanding (MOU) related to a settlement from a mediation hearing that all parties agreed upon in a class-action lawsuit concerning unlawful termination. I signed the MOU on April 23rd, and it includes multiple stipulations, including an individual payout to be... View More
answered on Apr 24, 2025
The answer to this question must come from your attorney. Only your attorney knows the specific agreement and the process. Class action settlement is a very slow process and rarely does a court quickly act to approve settlement terms. It would be wise to not expect the money any time soon. Good... View More
I am a local minister and recently served an elected official with a subpoena. Following this, I was accused of assault and harassment, including allegations that I threw an object and pushed someone. I need guidance on how to address these accusations and the next legal steps to take.
answered on Apr 24, 2025
Under California law, the DRE may suspend or revoke a license if a licensee is convicted of a crime substantially related to the qualifications, functions, or duties of a real estate professional. However, since your money laundering charges—stemming from buying and selling dollars at the... View More
I urgently need legal guidance regarding my late mother's estate in California. My brother has excluded me from my rightful inheritance and is using the assets for personal gain. He denied me access to sentimental belongings like jewelry, family albums, a bedroom set, vehicles, and bank... View More
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answered on Apr 22, 2025
You have several legal options under California law:
1. Request an Accounting
As a beneficiary, you can demand a formal accounting of the estate. If your brother refuses, the court can order it.
2. Remove the Trustee
You can petition the court to remove your brother... View More
My dog was severely injured when an Amazon delivery driver ran him over near the end of my driveway in Apple Valley, CA. The driver did not stop, and my neighbors and father attempted to chase him down. Amazon has identified the driver, who submitted a video of the incident from the truck's... View More
answered on Apr 22, 2025
Hire a lawyer right away to protect your rights and ensure Amazon takes responsibility. Since Amazon has acknowledged the report and has video evidence, a lawyer can push for immediate reimbursement or coverage of your dog’s medical expenses. Gather all documentation—vet quotes, witness... View More
My dog was severely injured when an Amazon delivery driver ran him over near the end of my driveway in Apple Valley, CA. The driver did not stop, and my neighbors and father attempted to chase him down. Amazon has identified the driver, who submitted a video of the incident from the truck's... View More
answered on Apr 22, 2025
My heart goes out to you and your dog. The legal system is not always the best route to solve issues?
Please note, I do NOT have THE answer but only a few thoughts, so here goes nothing:
a- FIND the money asap to helpl the dog, if at all possible, to lessen his/her suffering and to... View More
I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
I was involved in a situation where my girlfriend physically attacked me during an episode, and as I tried to leave our apartment, she threw a knife at me, causing a significant injury. Despite being the one injured, the police arrested me for domestic violence based on her claim that I initiated... View More
answered on Apr 15, 2025
Under California law, a claim for wrongful arrest requires demonstrating that the arrest lacked probable cause (Penal Code Section 836). In your case, the existence of video evidence from a neighbor’s security camera and witness statements corroborating that your girlfriend attacked you with a... View More
I'm considering suing my ex for emotional damage and distress. He abducted our child from my care in 2020 when she was only 1 1/2 years old, and I've been fighting to regain custody since then. We repeatedly return to court every 3-6 months, with the next mediation scheduled for May 14th,... View More
answered on Apr 15, 2025
In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More
I am coexecutor and sole beneficiary, along with my brother, of our mother's estate. We are unable to agree on the disposition of a specific jewelry item, which has been kept safe for over 13 years. My mother made a verbal request for this item to stay in the family, though it wasn't... View More
answered on Apr 14, 2025
If you want to settle a dispute outside of court, mediation is a great alternative. Free mediation services, both community and court-connected, are offered to some residents and businesses of certain counties (e.g., Los Angeles County). In mediation, a neutral third party helps you resolve your... View More
I plead no contest to violating a court order because I did break it; however, I believe the restraining order should not have been issued in the first place. The order was obtained by my stepmother after an incident where I was recorded, but I recall being under significant stress due to a... View More
answered on Apr 15, 2025
To challenge the restraining order, you may pursue an appeal if the 180-day period under California Rules of Court, rule 8.104(a)(1)(C) has not expired, especially if proper service of the order was not established (In re Marriage of Lin, 225 Cal. App. 4th 471). Alternatively, you can file a motion... View More
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