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Questions Answered by James L. Arrasmith
1 Answer | Asked in Landlord - Tenant for California on
Q: Hi, I rent out a room within the landlords house. She went on vacation and installed cameras In the living room, kitchen

And hallway pointed to my door and bathroom without my consent. I wasn’t notified that house was being recorded and since she was on vacation and I’m the only other tenant, I walked out of room without being fully dressed to enter my bathroom, and grab something from kitchen. She then, after... Read more »

James L. Arrasmith
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answered on Oct 4, 2022

You likely have a case for invasion of privacy. You have the right to be free from intrusions onto your privacy, and the installation of cameras inside of the private areas in your home would give rise to a valid claim.

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I respond to a letter the landlord sent with allegations that are exaggerated and ill-founded?

he wrote that I created a scene involving other homeowners and office staff. This is not true. how do I deny these allegations?

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answered on Oct 4, 2022

You can respond with a counter-letter denying the allegations and providing as much evidence as you can to disprove the allegations. A good attorney can write one on your behalf; or, if you chose to do it yourself, there are templates online that you can find.

1 Answer | Asked in Consumer Law for California on
Q: Requesting help with a consumer issue can a class action lawsuit be made again a delivery food service?

Can they be held lieable for not being easily accessible for the disabled/ low income class with a main source of income being ebt and they don’t give the option to pay with ebt although they contract with Resturants that do accept ebt ?

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answered on Oct 4, 2022

A company does not have to accept EBT. It is a program that vendors can participate in, but it is not a requirement.

1 Answer | Asked in Landlord - Tenant for California on
Q: What tenant rights do I have in Kern county if I'm not on the lease but I'm the main resident.

My boyfriend and I moved into a new home back in April. Last month he found out he had to go away for a few months so he messaged the landlord to terminate please. His mom had to take my place on the lease due to my credit score wasn't high enough. I don't want to move this is my home but... Read more »

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answered on Oct 4, 2022

You can likely stay until eviction. Even though you are not on the lease, you are still a resident and thus entitled to protections; the mother and the landlord cannot just throw you out.

1 Answer | Asked in Family Law for California on
Q: Can I deny visitation to protect the other kids health from a upper respiratory infection which is contagious till clear

I have 3 daughters with children mom she kept my 3 year I got my 6 and 7 baby baby went to doctors has a upper respiratory infection I don't want 6 and 7 to be around her till she is cleared by doctor can I deny visitation for health concerns I do have custody mother only has visitation

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answered on Oct 4, 2022

The court would consider what is in the best interests of the child. That said, with a custody order in place, you are generally bound by such an order. However, if obeying with it would endanger the health, safety, and welfare of the child, you can seek an ex parte emergency order for a temporary... Read more »

1 Answer | Asked in Tax Law for California on
Q: Say I gift $16k to my son. Can I also gift $16k to my sister, who gifts it to my son, tax-free in the same year?
James L. Arrasmith
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answered on Oct 4, 2022

You would use up part of your lifetime estate tax exemption, but the total amount is currently nearly $13,000,000, so unless you are very wealthy, you should not have to worry about it.

1 Answer | Asked in Real Estate Law for California on
Q: My brother and I inherited a house in CA. Now he’s going to grant deed his share to me. Will I be reassessed for taxes?

Our parents bought the house in1967 and we inherited in 2017.

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answered on Oct 4, 2022

Likely you will. There are specific tax exemptions upon intra-familial transfers of real estate between a parent and a child. However, those have been limited recently, and it is typically reserved for parent and child; sibling and sibling are excluded from that exemption.... Read more »

2 Answers | Asked in Civil Litigation for California on
Q: getting sued over lawyer fees
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answered on Oct 4, 2022

Not much information to go off of here, but note that you have the right to request an itemized list of charges that the attorney is billing you for, and to dispute those charges; and that, during the pendency of such dispute, the attorney must safeguard the funds.

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1 Answer | Asked in Medical Malpractice for California on
Q: I need to file a medical malpractice complaint, where can I get the form to file with the BAR from a computer.
James L. Arrasmith
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answered on Oct 4, 2022

You can use a general complaint form from the state website: https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/pldpi001.pdf

You can also draft your own complaint on pleading paper; there are templates out there that you can find if you Google search medical malpractice complaint template.

1 Answer | Asked in Landlord - Tenant for California on
Q: i just a letter of termination of tenancy section 799.66 of California i would like more information on it

what do i need to do ?

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answered on Oct 4, 2022

If it is month-to-month, and assuming that the notice to terminate was not issued illegally (e.g., to retaliate against you or discriminate against you), then you would have to vacate the premises by the date specified.

2 Answers | Asked in Uncategorized for California on
Q: My lawyer wants me in court so the judge can explain my trial rights to me he said its nothing to worry about

My charge is misdemeanor

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answered on Oct 4, 2022

It would likely be a simple hearing where the judge will instruct you. However, I would ask your lawyer more information to make sure you are prepared.

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2 Answers | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for California on
Q: Can you keep calling in “sick” to be excused from restraining order hearing?

The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing

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answered on Oct 4, 2022

It is up to the court to decide. In the furtherance of justice or upon a showing of good cause, they can extend the hearing date and time.

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2 Answers | Asked in Family Law and Child Custody for California on
Q: If I go into a recovery center can my son's father take him from me? there is no legal custody agreement. my son is 8

and lives with me in my mom's home with her and my stepfather. he is with his dad on weekends @ 100 miles away. how can I assure that he does not try to keep him while he is in my mother's care?

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answered on Oct 4, 2022

How long will the recovery center be? Generally you have a right to be in your child's life. If the court determines you to be unfit or unable to care for the child (e.g., while you are in a recovery center) they can award temporary custody to the father; you can then petition to change... Read more »

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1 Answer | Asked in Probate for California on
Q: My mother passed way in March of this year i was told this week by my underage daughter that my mom left me some money

My brother told my daughter . He also told her that he forge my signature because I didn't make it home in time to do so .and if I tell who ever it is that's i need to call for the money there not going to give me anything !what are my rights ??

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answered on Oct 4, 2022

The first step would be to determine if your mother had a will or a trust. If she did, then it may point to the property that you are talking about and you can discover it that way. You can demand that your brother (or whoever is the executor/trustee/administrator of the estate) disclose the asset... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Car Insurance, and maintenance BAR lawyer

Hello,

My passenger airbag in my Honda deployed on the freeway. There was no accident, I’m not sure if it was a pot hole, bump, or malfunction. My insurance is blaming it on manufacturer, and vise versa. Now Allstate won’t pay Honda for the inspection and storage fees after “the jerk... Read more »

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answered on Oct 4, 2022

Yes, I would advise that you contact a lawyer about your situation.

2 Answers | Asked in Consumer Law for California on
Q: What can I do if a company is not issuing your refund even though they accepted the item back?

I bought a cream from my doctor's office at Medical Providence. It was $100 and upon thinking about it I decided it was a bit too costly for me. The very next day, I went back to my doctor's office and I asked to return the cream (unopened). They were hesitant at first but in the end they... Read more »

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answered on Oct 4, 2022

You can sue in small claims court for breach of contract, promissory estoppel and also likely California Business and Professions Code § 17200 for fraudulent business practices.

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1 Answer | Asked in Health Care Law for California on
Q: Psychiatrist prescribed Austedo or Ingrezza for tardive dyskinesia, but my Kaiser insurance won't cover it. Can I sue?

These are the only two medications for T.D. My psychiatrist is telling me to sue and he's saying that Kaiser has had to pay out often over the past twenty years for not adequately covering mental health problems.

James L. Arrasmith
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answered on Oct 4, 2022

You may be able to sue for insurance bad faith if they are unjustifiably denying your claim.

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Criminal Law for California on
Q: My husband is at o.c. irc jail and has pulmonary hypertension and they do not have 1 of the 3 meds he needs. What now?
James L. Arrasmith
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answered on Oct 4, 2022

A jail has a due process requirement to provide medications that are necessary. To failure to do so is also a violation of the cruel and unusual punishment prohibition in the United States Constitution. I would petition for review.

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: As a renter when the owner is selling the building to build does he have to compensate the tenants being forced to move

It is gonna be a tear down to build a high rise building

James L. Arrasmith
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answered on Oct 4, 2022

The selling of the property should not automatically end your tenancy. If and when it is ended -- e.g., to make substantial renovations or to completely demolish the building--you must either get one (1) month of rent reimbursed to you, or have your last month waived if you are protected by AB1482.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I was wondering if the E service was acceptable in California for a 30 day notice and also sent certified

I was wondering if the E service was acceptable in California for a 30 day notice and also sent certified. I was also wondering if the 30 day notice was the acceptable form for a month to month tenant who has been at the property for 2 years and the reason is “sale of property”. This is in... Read more »

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answered on Oct 4, 2022

No. Under California landlord-tenant law, a notice of eviction must be served in a very specific manner. It must be hand-written and either personally delivered to the tenant; or given to a personal of suitable age and discretion and subsequently mailed; or posted in a conspicuous place on the... Read more »

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