California  |  Appeals and Writs

Legal Question

Asked on: 6/12/13, 12:11 pm

First off thank you for your help and time. The situation I am in has to do with the city I live in. The city has trees planted on the streets by the sidewalks. Last year a strong wind came in and the tree in front of my home, which belongs to the city, started to fall. I had two cars parked under the tree so I had enough time to move the cars while my neighbor called the police department. There were cars passing by but I was outside with some neighbors telling them to not pass by, most of them listened but there was this guy who stopped, looked at me, he must of thought I was crazy but he still passed by. As he starts to drive you can hear the tree cracking I was afraid that it was going to fall on me. But it fell on the guys car. Now he is suing the city and me. What should I do? Should I call a lawyer, I have talked with the city but they are no help and I just received a summons letter that I have to return within 30 days. Please help me.

2 Answers


Answered on: 6/12/13, 12:19 pm by Anthony Roach

First of all, this is not the appropriate category for this question, as writs and appeals concerns appealing to higher courts after things didn't go so well in a lower court. You are not at that stage yet.

You should contact your home owner's insurance company immediately and forward the summons and complaint, as you may be entitled to be defended by your insurance company and their lawyers.

If you do not have insurance, or they refuse to defend you, you should get an attorney immediately.


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Answered on: 6/12/13, 10:57 pm by Kelvin Green

You do need an attorney but from my perspective this case is a nuisance suit. I just don't see how you owed this guy and duty and how you breached that duty. Especially if you tried to warn him and he still proceeded at his own peril.


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