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Frederic March Douglas

Frederic Douglas’s Answers

332 total


  • Im a foreign lives in CA for 4 years, What's next step if I lost my small claim court?

    I'm plaintiff my car got hit from rear driver side, I sued the defendant and I have all kind of approvals its not my fault, I already showed to the judge and he asked the defendant if she has any document support her side and she said NO, Today...

    Frederic’s Answer

    Hello,

    Unfortunately, in small claims court in California, you cannot appeal if you were the plaintiff and you lost.
    You can seek to ask that a clerical error be fixed or cancel the judgment because it is legally wrong if you had appeared in court for the small claims trial.

    If you contend that the judgment is incorrect or legally wrong because the judge did not apply the law to the evidence in the right way, you must file that request within 30 days from the mailing date of the notice of judgment that you received.

    See question 
  • Is it defamation to speak about emotional abuse to help bring awareness?

    My ex victimized me in a way that caused emotional abuse and harm my child. What he did would be seen against the law yet nothing was ever done. A nonprofit wants to write about my story to help bring awareness. He had admitted to what he did in a...

    Frederic’s Answer

    One aspect to consider is whether your ex would suffer damage to his reputation from your statements.
    If you do not reveal his name, it is less likely for him to be damaged.

    See question 
  • I want to sue to California lottery because there is a scratch game that the ticket results are impossible to get by probability

    There is a current scratch game in which the player buys tickets that are printed with results that are literally impossible to get by probability. Without totally disclosing my case, I have recently purchased tickets to a game that by name is kno...

    Frederic’s Answer

    Over ten years ago someone lost a lawsuit against the Calfornia Lottery.

    Judge John Robie stated in part:
    ""Here the Lottery's duty to refrain from false and misleading advertising is unquestionably couched in discretionary language. Section 8880.24 provides that the Commission "shall ENSURE that the Lottery complies with both the LETTER AND SPIRIT of the laws governing false and misleading advertising. … Because the Lottery need only "ensure" compliance and since compliance includes the "spirit" of the law, the Lottery can choose just how to satisfy the statutory objective…""

    Theoretically, the California Lottery is not immune from false advertising laws.

    The California Lottery claims that if a person makes issues known to the California Lottery Commission and the Director of the Lottery, they can correct any problems.

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  • What can be done when police dispatchers/police fail to do their job

    My local police department employs some of the rudest, most unprofessional dispatchers. One female likes to either intentionally lie, or just flat out misquotes/ misstates the law in order to discourage you from asking for police assistance. One t...

    Frederic’s Answer

    Complain to the police chain of command and the mayor and city council.
    Seek punishment for violating the restraining order.
    You usually can't sue the police for not enforcing the law, but you can go around the dispatcher and her husband.

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  • What is the best way to handle this situation? Is the oil change shop responsible for damaging my car?

    I took my BMW to a small oil change shop in Burbank CA. Once finished I drove my car home aprox, 70 miles. Once I got home I noticed smoke coming from the sides of my car, (no warning light on). It was not over heating but felt a little weird. I f...

    Frederic’s Answer

    Assuming that the damage is less than $10,000, then you would sue in small claims court. Small claims court requires you to prove that you asked the shop for payment before suing them.
    Like others have said, you should take this car to another shop and see what is the problem and sue for any repairs that you believe are caused by any mistakes made by the Burbank oil change shop.
    Also, you may want to have a discussion with your fiance about improving communication towards a lengthy marriage without redundant oil changes.

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  • Can I sue Department of Human Assistance for intentional infliction of emotional distress and purposefully sabotaging my files?

    I have repeatedly submitted documents and obtained receipts and proof of submittal to more than one office and the County claims not to have my documents and has discontinued medi-cal and CalFesh benefits more than 10 times. They have added peopl...

    Frederic’s Answer

    One thing to consider when you are not getting what you consider to be good results with s state agency is seeking help from a state legislature member. Find out your local representatives in the California Assembly and the California State Senate. They usually have staff members who are employed for the main purpose of handling such requests. Tell them that you are having problems getting help from the state agency to receive aid to which you feel you are entitled. Maybe they can contact the state agency and see how to get things done for you.

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  • Can I personally serve a subpoena for my visitation trial?

    I have gone to the Courthouse and filed paperwork for a subpoena. Now how do I properly serve it to my witness? Can I personally give the form to him or do I have to have someone else give it to them? Also does it make a difference if my witness...

    Frederic’s Answer

    You are a party, so you cannot do the service. Find someone responsible and an adult to serve. Process servers are in the courthouse standing in line filing documents. You may see them often with backpacks and stacks of documents.

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  • Is this PSA fair use or going too far?

    The California DOT District 8 posted a tweet https://twitter.com/Caltrans8/status/752629877057085440 which has copyrighted and trademarked Pokemon characters in it. When I asked whether they had permission, I referenced Nintendo and Pokemon's Twi...

    Frederic’s Answer

    An important consideration is standing. The owners of the protected works have standing to police their works. Some third person with idle interest in the concept has no standing and it seems to be merely an academic exercise.

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  • If there a 3 new Doe defendants identified, how is the amneded summons prepared? I was told by the Clerk the summons must

    conform to the complaint and how the defendants are names etc. So I do this. The clerk stamps it and then I have it served. The lawyer refuses service saying he needs a separate summons for each defendant and he needs each plaintiff to serve each ...

    Frederic’s Answer

    The lawyer is being picky with the process. Keep that thought in your pocket. Later, as you proceed, it is likely that you will learn a rule that the lawyer makes a mistake on and then you can return the favor to the lawyer by getting picky. Maybe the lawyer will learn a lesson. The test is for you to navigate the system despite these obstacles.

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