Here are the jury instructions taken directly from CACI for Malicious Prosecution. In other words, you have to plead a fact in your complaint that meets each of these elements:
1. That [name of defendant] was actively involved in causing
[name of plaintiff] to be prosecuted [or in causing the
continuation of the prosecution];
[2. That the criminal proceeding ended in [name of plaintiff]’s
[3. That no reasonable person in [name of defendant]’s
circumstances would have believed...
Do not plead guilty. You have a right to an attorney, if you cannot afford one, one will be appointed to you. Does that sound familiar? If you cannot afford an attorney, you need to contact the public defender in your county. Here is the information for the public defender in Sacramento. It's free.
700 H Street, Suite 0270
Sacramento, CA 95814
Both my colleagues are correct. I will just add that typically an attorney will object to a question that would require a deponent to answer in a manner that may subject the deponent to criminal prosecution. Many know this as "pleading the 5th Amendment."
California is an at will employment state so you can terminate employees without cause so long as the reason does not violate public policy. Under the facts described above, you would not be violating any public policy. Therefore, you would not be liable for any civil suits for terminating any employee who refused to switch shifts. Watch out for pitfalls such as employees who require accomodations such as injured workers, new mothers, ect. where switching their shifts may be contrary to the...
The fee agreement requirement depends on the type of case and how the attorney will be compensated (ie hourly, contingency). When an attorney represents a client on a contingency basis, the fee agreement must be reduced to writing and must be signed by both the attorney and client. (Bus. & Prof. Code §6147(a).) The attorney must, at the time the agreement is entered into, provide a duplicate copy of the agreement to the client. (Bus. & Prof. Code §6147(a).)
The written fee agreement must...
Section 415.20 (b) of the California Civil Code Of Procedure States: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the...
You sound like you would have an action against your neighbor for assault and battery as well as intentional infliction of emotional distress. You could seek damages for your medical bills, lost work, and any emotional pain that he may have caused - which sounds substantial considering you were trying to regrow your hair and he pulled it out.
You can find an attorney on your county bar's website: http://www.lacba.org/
The standard for withdrawing a plea is pretty high you have to have good cause and good cause is usually duress, fraud, etc. that affects the exercise of your free will. You essentially have to prove that your attorney was ineffective as well unless there's a Brady violation involved. see penal code sect. 1018 and People v. Cruz (1974) 12 Cal.3d 562,
566 or People v. Nance (1991) 1 Cal.App.4th 1453, 1456-1457.
Your situation is governed by the principals of contract law. Did you have a written lease with the tenants? Provide the lease to PG&E. Also, PG&E and your tenants likely (I'm assuming here) have an agreement (a contract) with PG&E - power for money. You'll have to look at any contracts that you have with PG&E to determine if you've agreed to indemnify any tenants in case they do not pay rent. In the absence of such an agreement, I cannot see how they expect to recover from a landlord under...