Legal Question in Real Estate Law in California

Re: which forms

This is a joke, right? You don't know "which forms" you need? Do you really think this is all there is to being a lawyer, knowing which forms to fill out? Are you beginning to realize that you don't know enough to successfully sue anybody? The defendants in your proposed lawsuit have non-amateur lawyers working for them, and when they are finished with you, it is certain that not only will you lose the case, you will also owe hundreds or thousands in court costs. Watch out for legal time limits -- especially the six-month public entity claim deadline.

Respectfully suggest you try harder to interest an attorney in taking your case. Try offering the attorney money up front.

Re: which forms

I've read Mr. Stone's response, and I must say I agree with him. However, I can give you a possibly-useful lead. Lawsuits against the state government, its public agencies and their officers and employees generally require filing a notice of claim with the agency itself before filing anything in court. There are exceptions, but your claim doesn't sound like it fits. This is covered by the Tort Claims Act, found in the Government Code at sections 810 and following. Many departments and agencies have forms that a prospective plaintiff can pick up and fill out to begin meeting the requirement of advance notice before suit.

So your starting point is to (a) learn what you can about claims under the Tort Claims Act, and then (b) see if the sheriff's department has their own claim notice form. If not, you'll have to learn the minimum requirements for giving notice, then make up your own "form" and fill it in with information meeting the minimum requirements of the Act.

If this sounds complicated, it is; many lawyers trip over the Tort Claims Act requirements. I won a case for a government-agency client about six months ago because the guy that wanted to sue my client, and his law firm, presented us with an inadequately-prepared notice of claim.

Re: which forms

Forget it without legal help. If a lawyer won't take your case on contingency its not worth bringing.