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What Civil Code Can I Cite in Order to Win My Appeal?

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I successfully sued a defendant in LA County Superior Court, small claims, regarding a default on a promissory note that the defendant had signed while living in Long Beach, CA. I moved this judgment to the civil court in the state county where the defendant now resides and won a judgment there as well. It took over 2 years and about 700 in attorney fee and court costs to collect on this judgment. A provision within this promissory note stated that the signee is responsible for all reasonable attorney fees and collection costs in the event of default. As such, I took the defendant to small claims for these fees and costs, but at different LA County Superior Court location (the LA County Superior Court in Long Beach no longer hears small claims cases.) The case was dismissed since the defendant was served out-of-state and this serving did not fall within Civil Code 116.340. I want to appeal this decision, especially since the precedence to serve the defendant out-of-state had already been set by my first case. What grounds can I claim or what civil code can I cite in order to win my appeal? Read More …

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Can I Plead the 5th?

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I was subpoenaed to appear and testify against my own father in a criminal case involving drugs. I don’t want to testify against my own father. Can I just plead the 5th or will I be held in contempt of court like the prosecuting attorney told me would happen if I didn’t testify against my father? If not, what about pleading the 5th on the grounds that my testimony may incriminate myself? Would either of these work on getting out of testifying against my own father? If not, is there anything I could do or say that would help my in my difficult situation regarding my father. Read More …

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Am I Liable for the Lawn Mower Expenses?

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Thank you for your time in addressing my situation. I was recently served a civil paper in regard to a riding lawn mower I sold. The mower was sold with no warranty even though we never put that into writing. The sale was made several months ago. I delivered the mower and showed how it operates and runs to the buyer before they made the purchase. Two months later they send me information stating the mower is not running and wish a refund. I let them know the mower was sold with no warranty and was theirs but I was willing to come by and assist them if possible to get it running. I was able to meet them only once and they left the key on so the battery was dead when I got there. I do not believe I am liable for the return of monies because they now can not get the mower to start. Can you advise me if I am incorrect in this belief. Thank You. Read More …

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Is the Association Responsible for All the Costs of My Home Plumbing?

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We are a small homeowners association ( 8 houses ) in central Phoenix. When the builder put up these homes he put them all on a common water meter, so our homeowner dues include water, sewer and garbage collection, as well as common area upkeep, electric for the common area lights and liability insurance. Last night a major water line burst under the driveway of one of the homeowners, causing the shutdown of all water to the complex. The homeowner claims this is an association problem and expense, even though, at this point, we don’t know where the break actually occurred, but in any case it appears to be in a pipe on the homeowner’s property. At what point does a central utility become the responsibility of the homeowner? Is the association responsible for all costs in any home associated with the plumbing in whatever form? Where do we draw the line? I just want to know how to proceed in this matter. At the moment the HA has called in a plumber to make a determination about where the break is located and to get it fixed. The HA stepped in primarily because the homeowner refused to do so and the entire complex is without water. Read More …

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How Can I Put the Father’s Name on Her Birth Certificate?

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I had a religious marriage union, but I never legalized it. After a year of being married I gave birth to my daughter. For stupid and ignorant reasons my husband did not put his name on the birth certificate. We thought at that time we would get in trouble or they might go after him for money because we weren’t married. We were young and ignorant. After 3 years of marriage, he was murdered and I was left with just my daughter. She is going to be 18-years-old this year and she is receiving SSI survivors benefits since she was 2-years-old. How can I put her father’s name on the birth certificate after all of these years, even though he passed away? Read More …

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Am I Legally Married to My New Husband?

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m>I filed for a divorce in California after being separated for 5 years. I did my own divorce. I submitted all the forms via mail. I went to court in January and the judge said as of this date you are divorced and will receive a judgment in the mail. A week or two later I got a copy of the court proceeding papers (copy of what was agreed/granted in court) stating marital status terminates – dated February. In April, I get remarried. 5 months late, I finally get a Notice of Entry of Judgment with a different date stamped on it. The effective date of termination of martial status states Sept. The Entry of Judgment states that neither party should remarry until effective date (Sept). I got married in April. Is my marriage to husband #2 invalid (void)? .If so, does that mean the marriage became valid after the divorce final date? Do I need to marry husband #2 again? Any help would really be appreciated. Read More …