Alexander Miles Medina's Answers

Where do I sue in small claims court for an eBay transaction gone bad?

Have you gone through eBay first? Ebay and PayPal have a pretty sophisticated dispute resolution process. Yours is a common issue arising under contract law. Since the dealer sold the car to you in California, you should be able to sue the dealer in California because it intended to do business (and did business) in California, and thus there would be "personal jurisdiction" to sue the dealer in California. Serving the dealer with the lawsuit could be another story, but there are ways to...

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Can you help me on a softball issue? they don't want to hear my side of the story

You need to provide more facts. Unless you had a contract with your softball team or you were removed in an egregious manner, or were removed because of race or disability by a team sponsored by a government agency, I can't imagine how you would have a legal claim. Have you tried writing a letter? Oftentimes a firm but cordial letter that states your position is a good way to get other people to listen who are avoiding you.

We purchased a bad engine and now the yard wants to charge us for another. Do we pay for another and then take to small claims?

I need more facts (such as how new the engine and the vehicle is, etc.), but this sounds like you might have a breach of warranty claim. Have you contacted the manufacturer of the engine? The limit for small claims actions in California is $7,500, so if the amount of a new engine is $7,500 or less, small claims might not be a bad option, since lawyers are not allowed in small claims proceedings, thus making it more efficient and cheaper for all involved. If you do feel like you need a lawyer,...

How to prosecute an Ex-landlord for committing fraud?

Since forgery is a crime, you could start by calling the police and filling out a police report. The police can then turn the report over to the District Attorney who would make a decision as to whether to prosecute. As for your remedies against your landlord, given that your security deposit is likely a small amount, you might want to consider suing in small claims court. You can obtain up to $7,500 in small claims court in California, and do not need a lawyer. (In fact, lawyers are not...

Can i sue for being denied a contract or payment because i turned down sexual advances?

Although I do not completely understand the facts, it is illegal to require sexual favors as a condition for compliance with a contractual obligation. To explore your rights and remedies you should consult an attorney.

How do I check out a law firm to insure they are legitimate?

The California State Bar's website allows you to look up certain information about attorneys, such as whether they are currently licensed to practice law and whether they have a public record of discipline. Go to http://www.calbar.ca.gov/state/calbar/calbar_home.jsp, and then click on "Attorney Search" to search for an attorney by name. In addition, most reputable attorneys these days have websites. Review a prospective lawyer's website carefully, ask lots of questions during an initial...

I have been subpoenaed to testify against someone in CO and I am in MN, how can I get out of it?

I don't have all of the facts, but the answer to your question may depend on whether the subpoena was issued by a federal or a state court. Generally speaking, the state court of one state has no power to compel the attendance of an out-of-state resident unless the subpoenaing party has obtained a "commission" or "letter rogatory" from the other state's court. In other words, you generally cannot be compelled to testify in Colorado if you live in Minnesota unless a Minnesota court orders you...

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