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Practical answers to common questions across the six areas of law handled by Mentis Legal. Choose a topic to get started.

01 / LEGAL SERVICES

Civil litigation

Disputes, deadlines & resolution

What should I do if I have been served with a lawsuit?

Keep the summons, complaint, and any delivery information, and note the date of service. In many California civil cases, a defendant personally served has 30 days to respond. Different service methods and case types can change that deadline. Seek legal guidance promptly; contacting the other side alone does not replace a court response.

Source: California Courts

Does every dispute have to go to trial?

No. Negotiation or mediation may resolve a dispute without a trial. Mediation uses a neutral person to help the parties reach their own agreement. Whether settlement, arbitration, or litigation is appropriate depends on the dispute, any contract requirements, and the available evidence.

Source: California Courts

What should I bring to an initial discussion about a dispute?

Bring the relevant agreements, court papers, correspondence, invoices, photographs, and a short timeline. Include names of potential witnesses and records of any financial loss. Preserve original documents and messages. These materials help identify the issues, evidence, and next steps.

Source: California Courts

02 / LEGAL SERVICES

Personal injury

Injuries, evidence & recovery

How long do I have to bring a personal injury claim in California?

Many California personal injury lawsuits have a two-year filing deadline measured from the injury. Exceptions can change when time starts or how much time is available. Claims involving a government agency can have much shorter preliminary deadlines. Have the specific deadline reviewed promptly.

Source: California Courts

What types of losses may be recoverable?

Depending on the facts and applicable law, a claim may include medical expenses, lost income, and compensation for pain or emotional harm. Recovery depends on responsibility for the injury and proof of the losses. No particular outcome or amount can be guaranteed.

Source: California Courts

Which records should I keep after an injury?

Keep medical reports and bills, photographs, incident reports, insurance correspondence, receipts, and records of missed work or lost earnings. Note the date, location, and witness details while they are fresh. A clear record helps connect the incident to the injuries and losses claimed.

Source: California Courts

03 / LEGAL SERVICES

Business & contracts

Agreements, obligations & risk

Can an agreement be enforceable if it is not in writing?

Sometimes. California recognizes certain oral and implied contracts, but some agreements must be written. Enforceability depends on the agreement, its essential terms, and the evidence. A written document can help clarify what each side promised; do not assume an informal agreement has no legal effect.

Source: California Courts

What should I review before signing a business contract?

Review the obligations, payment terms, deadlines, and what happens if either side fails to perform. Pay attention to dispute-resolution provisions, applicable law, location of proceedings, and attorney-fee clauses. A legal review can identify unclear terms and provisions that may affect a future dispute.

Source: California Courts

What if the other party does not perform or pay?

Preserve the agreement and evidence of performance, communications, and losses. Check the contract for required notices, mediation, or arbitration. In California, breach-of-contract filing periods are generally four years for written contracts and two years for oral contracts, but exceptions and other applicable rules can affect the deadline.

Source: California Courts

04 / LEGAL SERVICES

Landlord / tenant

Rental notices, possession & deposits

How quickly must a tenant respond to an eviction lawsuit?

An eviction notice and an eviction lawsuit are different documents. For a California eviction summons and complaint handed directly to the tenant, the response period is generally 10 court days, excluding weekends and court holidays. Other service methods can change the calculation. Review the papers and obtain guidance immediately.

Source: California Courts

Can a landlord change the locks or shut off utilities to make a tenant leave?

No. A landlord cannot use a lockout, utility shutoff, or removal of belongings to force a tenant out. California requires the applicable notice and court process for eviction. State protections and local rules may also affect the grounds and steps required.

Source: California Courts

When must a residential security deposit be returned?

Generally, within 21 days after move-out, a California landlord must return the deposit or provide the remaining balance with an itemized explanation of lawful deductions. Ordinary wear and tear is not a permitted damage deduction. Documentation requirements and limited exceptions may apply.

Source: California Courts

05 / LEGAL SERVICES

Corporate

Formation, ownership & compliance

Should I form an LLC or a corporation?

The choice depends on ownership, management, liability, tax treatment, and plans for the business. Both structures have distinct requirements; neither is automatically best for every business. Consider the legal structure alongside advice from a tax professional before filing.

Source: California Secretary of State

Is filing formation documents enough to organize the business?

Formation is a starting point. A California LLC also needs an operating agreement, which is kept with its records rather than filed with the Secretary of State. The appropriate governance documents and responsibilities depend on the entity. Additional filings and other obligations may still apply.

Source: California Secretary of State

What ongoing California filings should a company track?

A Statement of Information is generally due within 90 days of registration. California LLCs generally file it every two years afterward; California stock corporations generally file annually. Requirements vary by entity type. Track filing dates and changes in company information, alongside separate tax and licensing obligations.

Source: California Secretary of State

06 / LEGAL SERVICES

Immigration

Family petitions, work & case progress

Does approval of a family petition automatically give someone a Green Card?

No. An approved Form I-130 establishes a qualifying family relationship for immigration purposes; it does not automatically grant permanent residence or permission to immigrate immediately. Additional eligibility requirements and the appropriate immigrant-visa or adjustment-of-status process must still be addressed.

Source: USCIS

Can I apply for work authorization while my Green Card application is pending?

An eligible adjustment-of-status applicant may request employment authorization using Form I-765 with Form I-485, or later with evidence that the I-485 is pending. The correct eligibility category depends on the circumstances. Filing an application is not itself proof of permission to work.

Source: USCIS

How long will my immigration application take?

Timing varies by form, eligibility category, office, workload, and the circumstances of the case. USCIS publishes processing information and provides a case-status tool using the receipt number. Estimates are not a guaranteed completion date; review any request for evidence or notice for its own response deadline.

Source: USCIS

General information, not legal advice. California law applies to the state-law topics above; immigration is governed by federal law. Deadlines and options depend on the facts. Contact the firm about your particular situation.

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