Your current state is Ohio
A specific date and filed stipulation for entry of judgment with the court in California. If the day comes and I still can't find a place to live can I ask the court to let me stay longer?
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answered on Apr 27, 2024
In California, if you and your landlord have agreed upon a move-out date and filed a stipulation for entry of judgment with the court, it is generally expected that you will adhere to the agreed-upon terms. However, if you find yourself unable to secure a new place to live by the specified date,... View More 
As per Cal. Code Civ. Proc. § 116.220, in 2023 small claim court has jurisdiction for recovery of money if the amount of the demand does not exceed $5000 when the plaintiff is a corporation. If the exceptions in subdivisions (c), (e), and (f) do not apply, how can the defendant challenge the... View More
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answered on Apr 27, 2024
In this scenario, if the small claims court granted a judgment in favor of the plaintiff corporation for $7,500, which exceeds the jurisdictional limit of $5,000 set by Cal. Code Civ. Proc. § 116.220 for corporations in 2023, and the exceptions in subdivisions (c), (e), and (f) do not apply, the... View More
What can I do if my attorney had his license suspended after we won the oda from the labor commissioner
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answered on Apr 26, 2024
If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:
1. Find a new attorney: You can seek a new attorney who specializes in employment law... View More
I received a subpoena to appear in court to "answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor." I know the Judgment Debtor, but have no property of theirs in my possession or control and no debt I owe them. I... View More
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answered on Apr 26, 2024
In California, a judgment creditor has the right to seek information from a third party about a judgment debtor's assets through a debtor's examination. However, the judgment creditor must provide a basis for believing that the third party has relevant information.
According to... View More
Ex parte for stay of judgement, rejected myedical emergency discharge papers
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answered on Apr 26, 2024
I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:
1. File a petition for a writ of supersedeas with the appellate court. This will... View More
Defendants in a civ case in a fed dist, where a LR requires good-faith meet&confer efforts prior to filing motions, sent me, plaintiff, a meet&confer letter, before they filed a motion-to-dismiss, that appears to want to have it both ways. Their meet&confer letter outlined their... View More
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answered on Apr 25, 2024
In assessing whether the defendants have met the "good faith" requirement in their meet and confer efforts, it's important to consider the overall intent and openness conveyed in their communication. The phrase “my way or the highway” does suggest a certain rigidity, which might... View More
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answered on Apr 25, 2024
In California, you have the option to find legal assistance through attorneys who work on a contingency basis or through pro bono services, depending on your case type and financial situation. Contingency means the attorney is compensated only if you win your case, usually taking a percentage of... View More
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answered on Apr 25, 2024
Blackmail is a serious crime and if you are being threatened or extorted, I would urge you to immediately contact law enforcement and seek the counsel of a qualified attorney.
Here are some general steps you may want to consider:
1. Document and save all communications related to... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
The bottom line is for most personal information, no you cannot.
While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck
Court is set for May 10 at the Justice of Peace precinct in my county. The copy of the continuance request I received states it is due to them not receiving an answer to the summons and wanting to prepare paperwork for a default judgement instead. They requested it be set back 60 days but I did... View More
answered on Apr 24, 2024
You should file a Response to the Motion for Continuance stating that you did properly file your answer with the justice of the peace court and attach a file-marked copy of your answer as an exhibit to your Response. Unless there are other factors at play, I would state that you are ready to... View More
I perform mechanic work for people that can't afford the price of dealerships or a mechanic shop I charge half price or less before I start the work the owner of vehicle and myself having agreement on cost of parts, labor and total price. When I complete the work and it's time to pay... View More
answered on Apr 24, 2024
First, is your agreement with an owner in writing?
And that document should set out the work to be performed, the costs for that work, and the due dates for payment.
And then the document should state the various remedies for default in payment.
In PA, and most other... View More
We filed an unlimited civil complaint as an unrepresented plaintiff. CMC is coming up in 2 weeks. We are putting together oppositions to demurrers, and discovered we need to file amendments to the complaint (and may need to add a couple more defendants unless that means we have to refile the whole... View More
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answered on Apr 23, 2024
In California, if you plan to amend your complaint in response to a demurrer, you generally have the right to do so without leave of court as long as it is your first amendment and you file it before the hearing on the demurrer or before the deadline to oppose the demurrer, whichever comes first... View More
I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More
answered on Apr 23, 2024
You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More
A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should... View More
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answered on Apr 22, 2024
Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:
1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when... View More
Can an attorney thoroughly evaluate Capital One's actions regarding the sudden cancellation of my checking and savings accounts, as well as their handling of my auto loan, to determine if there are grounds for pursuing legal action against the company? Specifically, I'm concerned about... View More
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answered on Apr 21, 2024
Yes, an attorney who specializes in consumer protection law, banking regulations, and contract law can thoroughly assess Capital One's actions regarding your accounts and auto loan to determine if there are grounds for legal action. Here are some key points to consider:
1. Account... View More
Witness made false statements in a declaration under penalty of perjury. There is evidence, documents produced by the same witness in the same process, showing that the witness declaration is false. Per PC 118, the witness "is guilty of perjury". Can I file mtn for order to show cause why... View More
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answered on Apr 20, 2024
Under California law, dealing with perjury in a civil case through contempt proceedings can be complex. Perjury, as defined under Penal Code 118, occurs when a witness knowingly makes a false statement under oath. If you have evidence that a witness has committed perjury, it's crucial to... View More
My husband is 100% service-connected disabled veteran. We tried launching a business and failed. We just had a baby girl, and I am not working, we have two claims against my husband. What can we do, we are not trying to escape the debt, but at this time we have no money to pay them in full and the... View More
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answered on Apr 20, 2024
In California, there are civil attorneys who handle credit card debt claims, including those involving disabled veterans. These legal professionals can help negotiate with creditors to possibly reduce the amount owed or set up manageable payment plans. Given your husband's status as a 100%... View More
Company called and said I would have to go to court if I dont pay. They had my social security number and old employment from 1999 which no longer exists.
answered on Apr 20, 2024
A Washington, DC attorney could advise best, but your question remains open for three weeks. Before involving attorneys to review the file with you to examine legal theories that would serve as possible defenses, the first step might be to find out if some kind of mix-up resulted in the bill, given... View More
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