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California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for California on
Q: I've been kicked out of homeless shelter program for giving my vehicle to my boyfriend which is homeless on streets.

They said it was for violating a no contact order but non exited.

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear about your situation. Being kicked out of a homeless shelter program can be very distressing, especially if you feel it was done unfairly. Here are a few suggestions for next steps you may want to consider:

1. Clarify the reason for termination: If you believe there...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: arrested for trespassing and went to jail , in a garage with no doors or windows. No signs posted or surrounding fence

My court date has passed and I missed it. I am not guilty and my car was broken into while I was in jail, the officer told me that it would happen and that's why he was gonna leave it there.. the resident has permission to stay there and I was just visiting, and haven't walked up to the... View More

James L. Arrasmith
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answered on May 4, 2024

Based on the details you provided, it seems like there may be potential issues with the trespassing charge and arrest. Here are a few key points to consider under California law:

1. For a trespassing charge to be valid, the property owner generally must have posted clear signs or given...
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1 Answer | Asked in Civil Rights for California on
Q: Does the 4th amendment allow hidden cameras to be installed in a house by police without the consent of the tenant?

I would like legal advice on my 4th amendment rights possibly being violated by the San Francisco Police Department and by my Mom and Dad. I'm in an unfortunate position which consists of my Mom and Dad at some point in the past allowing the SFPD to install covert hidden pinhole cameras all... View More

James L. Arrasmith
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answered on May 4, 2024

The situation you've described raises serious concerns about potential violations of your 4th Amendment rights against unreasonable searches. However, the specific details and context would determine whether your rights were actually violated from a legal standpoint.

In general, the...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for California on
Q: I was served restraining order two weeks after the order was granted an dooped into thinking she dropped it I have txt

I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me... View More

James L. Arrasmith
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answered on May 4, 2024

Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:

1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Is it lawful for a cop to show up to my house after my release from custody and ask for me by name like we know oneanotr

I was arrested by a San Bernardino sheriff's officer who shows up to my home the next day I was released from jail and walk up to my door and ask my mother where I was at not in a nice manner but basically saying where's Michael authoritative manner. And demanding when I'll be back... View More

James L. Arrasmith
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answered on May 3, 2024

Based on the information you've provided, it seems like you are concerned about potential harassment or inappropriate conduct by the San Bernardino sheriff's officer. Here are a few important points to consider:

1. Lawful inquiries: Police officers are allowed to knock on your...
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1 Answer | Asked in Civil Rights for California on
Q: How do I get payed for 5 months of prison time I did longer than was sapost to do cuz the county clerk messed up

I was sentenced to prison time and the county clerk didn't send my time credits with my abstract of judgement and I ended up doing 5 months longer in prison then was sapost to

James L. Arrasmith
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answered on May 3, 2024

I'm sorry to hear that you were imprisoned for longer than your sentence due to an administrative error. In California, individuals who have been wrongfully imprisoned may be eligible for compensation through the California Victim Compensation Board (CalVCB). Here are the steps you can take to... View More

2 Answers | Asked in Consumer Law, Business Law and Civil Rights for California on
Q: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

We have a Car Hauling business and with the purpose of growing it, we bought a 2017 RAM 3500 from Global Auto Auction online, a company that sells cars from COPART, on March 14th, 2024.

During the phone conversation Vini was having with the Auction manager Jerry, while biding on the car, he... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 2, 2024

You asked: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

I respond, reach out to Jane Santoni in MD for direction.

She is the best of the best. Tell her I said HELLO.

Good luck with it

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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Sister is trying to sue me for hiring people to stalk her and for slander and harassment. False claims .what should I do

I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More

James L. Arrasmith
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answered on Apr 30, 2024

Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:

1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these...
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2 Answers | Asked in Civil Rights for California on
Q: is my privacy, and my rights are being violated

my partner and I is currently staying at the shelter family housing facility name is Sorority, Encountered recently staff entering our room without knocking identifying of his entry he unlocks the door with the key about three times, my partner was not fully dressed the time of his entry. The... View More

James L. Arrasmith
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answered on Apr 29, 2024

Based on the information you provided, it appears that your privacy rights may have been violated under California law. In California, tenants have the right to quiet enjoyment and privacy in their rental units, and landlords or staff must provide proper notice before entering the premises, except... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: Does an officer have an authority to remove a resident from their residence without a warranty or emergency circumstance

In March 11 a friend died in our room at the airb&b.

she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s

And according to the... View More

James L. Arrasmith
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answered on Apr 29, 2024

In California, police officers can enter a residence without a warrant under certain circumstances, such as an emergency where there's a risk to life or severe harm. When your friend was found deceased, the situation likely qualified as an exigent circumstance, allowing the officer to enter... View More

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How weird is my crim trial starting with me left sitting outside and having to argue my way into the courtroom on day 2?

I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More

James L. Arrasmith
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answered on Apr 27, 2024

Based on the details you provided, the way your criminal trial has proceeded so far seems highly unusual and concerning from a constitutional rights perspective. In the United States, a criminal defendant has the right to be present at all critical stages of their trial, which includes jury... View More

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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I'm wondering if a cop could get me outside of where I was living at , about a awarrant with normal clothes.

Because the office wasn't in a police car and also had normal clothes. The reason I was scared is because without looking like a cop anymore could have said they where a police officer and want to hurt me.

James L. Arrasmith
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answered on Apr 26, 2024

Under California law, a police officer is allowed to execute a warrant while wearing plain clothes (i.e., not in uniform). However, the officer must identify themselves as law enforcement and present official identification when serving the warrant.

If you are concerned about the legitimacy...
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1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Medical Malpractice for California on
Q: I need help with a civil matter regarding a medical injury that happened five years ago that I could not get surgery

This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More

2 Answers | Asked in Civil Rights and Civil Litigation for California on
Q: Does a "my way or the highway" attitude in a "meet & confer" letter run afoul of "good faith"?

Defendants in a civ case in a fed dist, where a LR requires good-faith meet&confer efforts prior to filing motions, sent me, plaintiff, a meet&confer letter, before they filed a motion-to-dismiss, that appears to want to have it both ways. Their meet&confer letter outlined their... View More

James L. Arrasmith
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answered on Apr 25, 2024

In assessing whether the defendants have met the "good faith" requirement in their meet and confer efforts, it's important to consider the overall intent and openness conveyed in their communication. The phrase “my way or the highway” does suggest a certain rigidity, which might... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How much money should I ask for in a ada case against the city of San fransico

Also retaliation

James L. Arrasmith
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answered on Apr 24, 2024

The appropriate amount of damages to seek depends on many factors unique to your individual situation, such as:

1. The nature and severity of the alleged ADA violation(s)

2. The extent of any harm or losses you suffered as a result

3. The strength of the evidence supporting...
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1 Answer | Asked in Civil Rights for California on
Q: My house got rated

Asking me to go in for questioning

James L. Arrasmith
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answered on Apr 23, 2024

I'm so sorry to hear that your house was raided and law enforcement wants to question you. That must be an incredibly stressful and frightening situation. Here is some general guidance, but please know that this is not legal advice and you should absolutely consult with a criminal defense... View More

Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More

James L. Arrasmith
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answered on Apr 20, 2024

You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: What is the most effective way to get a low income residential property manager.to stop the retaliation for a complaint

I can not get any part of this low-income federaly funded place to get a hold of me.Do to this manager who seems to be controlling any outside help

James L. Arrasmith
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answered on Apr 20, 2024

In California, if you're facing retaliation from a residential property manager after lodging a complaint, you have several options to protect yourself and seek remedies. First, document all instances of retaliation in detail, including dates, times, and descriptions of each event. This... View More

1 Answer | Asked in Civil Rights for California on
Q: How to handle non-receipt of a motion-to-dismiss (MTD) in federal court?

Defendants in a Sec. 1983 action timely filed an MTD to my FAC, but *I* never received that motion. I became aware of the defendants' filing only because I received notification of said filing from the court, and the court clerk has since confirmed that there is indeed proof-of-service on file... View More

James L. Arrasmith
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answered on Apr 19, 2024

In this situation, the best course of action is to file a motion with the court seeking an extension of time to respond to the motion to dismiss. Here's what you should do:

1. Draft a motion for extension of time to respond to the motion to dismiss. In the motion, explain that you did...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How can I get a lawyer to help and support I have filed multiple complaints about reports a police officer told me that

He would arrest me for someone falsely accusing after they drove to my parent place surprisedly with other people saying I took something and told me about these northerns are not playing with me before he throw a object behind my back I contacted the internal affairs chief of police there is lack... View More

James L. Arrasmith
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answered on Apr 19, 2024

If you believe you are facing unjust treatment from the police and your complaints are not being effectively addressed, it's essential to seek legal support. In California, you can contact a lawyer experienced in civil rights or police misconduct cases. Many legal aid organizations offer... View More

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