Legal Opinion

Legal Opinion

You can sue the insurance company for fraud. You will need to demonstrate that the insurance made a false statement or misrepresentation to you, the insurance company had full knowledge that the statement or misrepresentation was untrue, the insurance company intended to defraud you, you relied on the untrue statements, and you suffered as a result of relying on the false information. What is it that the insurance attorneys are asking you to give them? What reasons are they giving for asking you to supply it? You have also stated that the insurance company committed a felony. 

You have stated that the judge is biased. Code of Civil Procedure § 170.1 allows you to file a motion to recuse the judge. However, you have to provide substantive reasons as to why the judge should recuse himself. In your case, it’s bias. What makes you believe that the judge is biased?

You mentioned you don’t trust the civil judge. Is it the judge of the California Supreme Court? There is an issue of jurisdiction when it comes to taking the case to federal court. Federal courts have jurisdiction over federal crimes (crimes under federal law). State courts have jurisdiction over state crimes (crimes under state law). There is a state law that provides for fraud (California Penal Code § 484). 

There is something called burden of proof. That is the extent to which you have to prove your case to get a ruling in your favor. The burden of proof in civil cases is a balance of probabilities. You only need to tip the scales a bit in your favor. The burden of proof in criminal cases is beyond reasonable doubt. You must prove it in such a way that there is absolutely no doubt that the crime was committed. The burden of proof is higher in criminal cases than civil cases.

In criminal cases, the outcome is imprisonment and restitution (return of property/money). In civil cases, the outcome is usually specific performance, restitution, and damages. When suing criminally, your best-case scenario is restitution. When suing civilly, your best scenario is restitution, special damages, and punitive damages.

Please send the Motion for Summary Judgment that you were served by the insurance company and I’ll get started on the Response.

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