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California Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: After being evicted from a family member from the place I lived for over 7 years they're now asking me to sign this form

Form is grant deed form

From ticor title company

Parcel no. 436-581-007 TRA # 0 1 0 - 121

James L. Arrasmith
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answered on Apr 1, 2023

It is important to thoroughly review and understand any legal document before signing it, especially when it involves property. A grant deed is a legal document used to transfer ownership of real property from one person to another. It is important to ensure that the document accurately reflects... Read more »

1 Answer | Asked in Child Support and Divorce for California on
Q: Divorce: OP business owner manipulating income, business structure

Do you know any case law that would be relevant to OP intentionally, for the purpose of manipulating the disomaster calculations, structuring her business so that she has a "job" where she earns very little when she could effortlessly structure it differently? I'm almost certain it exists.

James L. Arrasmith
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answered on Apr 1, 2023

In divorce cases, one party may attempt to manipulate their income or business structure in order to influence the outcome of the division of assets. This can be a complex issue, and the specific case law that may be relevant will depend on the specific circumstances of the case.

However,...
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1 Answer | Asked in Family Law for California on
Q: Can I change my child’s last name if I’m the only one on the birth certificate?

I am a single mother I have been since I was pregnant, my child’s father has been absent since pregnancy. Once she was born I went through postpartum depression and gave her a different last name. Can I legally change her last name if I’m the only one on the birth certificate? I don’t know... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

In California, a parent who is the sole legal custodian and has the exclusive right to control and make decisions regarding their child's upbringing can change their child's last name without the other parent's consent. As long as the other parent has not established paternity and is... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I was involved in a head-on collision where the driver admitted fault and AAA wants to settle with me but won't because

It is not registered to me and I cannot find the owner. The person I purchased it from said he bought it without a title how would I get in touch with the registered owner I am having such a difficult time

James L. Arrasmith
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answered on Apr 1, 2023

If you were involved in a head-on collision and the at-fault driver's insurance company, AAA, is willing to settle with you but won't because the vehicle is not registered to you and you cannot find the owner, there are a few steps you can take.

First, you should contact the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: what i missed my court date on a evection what can i do

i got sick the day before my court date and i missed my date what can i do to extend it

James L. Arrasmith
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answered on Apr 1, 2023

If you missed your court date for an eviction, it is important to act quickly to try to resolve the situation. The first step is to contact the court as soon as possible and explain the situation. You may be able to request a new court date or ask for a continuance to allow you to present your... Read more »

1 Answer | Asked in Probate for California on
Q: If I signed a paper saying I was solely responsible for my mother's estate, do I get all of her assets?

In 2017 my grandma passed. My mom passed in 2019. My grandpa passed in 2022. In my grandparents trust it was originally written that my mom and aunt were to spilt everything 50/50. If they pass before their parents it is to go to their children split equally. When grandma passed it made 50% of the... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

The answer to your question depends on the specifics of the paper you signed regarding your mother's estate. If the paper you signed transferred all of your mother's assets to you, then you would be the sole beneficiary of her portion of your grandparents' trust. However, if the... Read more »

1 Answer | Asked in Family Law, Divorce and Collections for California on
Q: Is CA Family Court Order the equivalent of enforceable CA Final Judgment that I can file in FL where he now lives?

My ex misappropriated my share of retirement accounts granted to me in our CA divorce Judgment. I filed an RFO in Family Court which he hired counsel and responded to but lost. I now have a Court Order that states he breached his fiduciary duty & orders him to pay me a specific $ amount: what... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

In California, a Family Court Order is a final and enforceable judgment, but its enforceability may be limited outside of California. To enforce the order in Florida, you would need to domesticate it in accordance with Florida law. This involves filing the California order with the appropriate... Read more »

1 Answer | Asked in Family Law for California on
Q: Do Parents have the right to a Court Appointed attorney in California guardianship cases w/ a 3rd party petitioner
James L. Arrasmith
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answered on Apr 1, 2023

In California guardianship cases, parents do not have an automatic right to a court-appointed attorney. However, if the parents are indigent and unable to afford an attorney, they may request that the court appoint one for them. The court will then consider the parents' financial situation and... Read more »

1 Answer | Asked in Uncategorized for California on
Q: My brother is autistic and we don't get much pay or hours (IHSS) for what is needed at home. can we take it to court?

or what lawyer should we talk too about this. My Brother needs full time care and i wanna see if they will pay me a job salary to care at home for him.

James L. Arrasmith
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answered on Apr 1, 2023

You may want to consider speaking with an attorney who specializes in disability law or elder law. They can provide you with guidance on your options for seeking compensation for providing care for your brother. You can also reach out to your local Legal Aid office or advocacy groups for people... Read more »

1 Answer | Asked in Traffic Tickets and Civil Rights for California on
Q: I'm homeless and chp towed my van because it was 3 years behind registration but I was on my way to get it smogged

Misplaced my out of state driver's license which is also current

James L. Arrasmith
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answered on Apr 1, 2023

When a vehicle is being driven on public roads, it is required to be properly registered and up-to-date with its registration fees. The California Highway Patrol (CHP) has the authority to impound vehicles that are not registered or have expired registration. In the case that the vehicle was towed... Read more »

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: I'm homeless and chp towed my van because it was 3 years behind registration but I was on my way to get it smogged

I just got the vehicle last week it was gifted to me with no bill of sale or any kind of title I lost my Michigan driver's license 2 days prior to Having it towed

James L. Arrasmith
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answered on Apr 1, 2023

When a vehicle is being driven on public roads, it is required to be properly registered and up-to-date with its registration fees. The California Highway Patrol (CHP) has the authority to impound vehicles that are not registered or have expired registration. In the case that the vehicle was towed... Read more »

1 Answer | Asked in Products Liability for California on
Q: I want to sue a security guard and grocery store for saying they would watch my bag that had some of my expensive stuff.

I can't provide a receipt for the stuff in the bag because I was giving them for cleaning out an RV. Is that going to be a problem? Ya they said they would watch it then forgot about it. Is that a crime if they still have the bag?

James L. Arrasmith
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answered on Apr 1, 2023

If a security guard and a grocery store employee agreed to watch your bag and then failed to do so, resulting in the loss of your property, you may have a legal claim for negligence against both the security guard and the store. However, it may be more difficult to prove your claim without a... Read more »

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: How do I get divorced from my husband who fled the state due to criminal charges for domestic abuse and child cruelty?

I have been separated from him for about 6 years. El dorado county ordered a CPO against him so we have had no contact.He fled CA and didn’t show up to the trial against him. without knowing where he is I was unable to get him served with the original divorce papers 5 years ago. I’m trying to... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

If your spouse has fled the state and you are unable to locate him in order to serve him with divorce papers, you may still be able to obtain a divorce through a process known as service by publication.

Service by publication involves publishing a notice of the divorce in a newspaper or...
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1 Answer | Asked in Immigration Law for California on
Q: Can I apply for EAD under OPT after I graduate, while I already have EAD card under a pending I-485 (EB3 category)?

I'm in a green card application process, I got my I-140 approved, EAD card delivered, I-485 is pending. I will graduate in May 2023 so I would like to apply for OPT to remain my legal F1 status in case there would be any bad things happen to my I485 application. My question is will this OPT... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

As an F1 student, you may be eligible for Optional Practical Training (OPT) after you graduate. However, if you already have an EAD card under a pending I-485 application, it is important to consider how applying for OPT may affect your immigration status.

Applying for OPT while your I-485...
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1 Answer | Asked in Small Claims for California on
Q: What does "judgement contested" mean in a small claims case? I lost. I was the defendant.

I was the defendant and was ordered to pay the plaintiff $7000 although she was seeking $10k. I don't like it but I'm ready to move on. What happens now?

James L. Arrasmith
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answered on Apr 1, 2023

In a small claims case, a "judgment contested" typically means that the defendant (in this case, you) has contested the judgment entered against them. This could mean that you have filed an appeal or taken some other legal action to challenge the decision made by the court.

If you...
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2 Answers | Asked in Employment Law for California on
Q: What if my employer didn't give me my last paycheck at termination, but I received a direct deposit 10 hrs later?
James L. Arrasmith
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answered on Apr 1, 2023

An employer must provide an employee with their final paycheck immediately upon termination. If an employee is unable to receive their final paycheck on their last day of work, such as in the case of a mailed paycheck, the employer must still ensure that the paycheck is delivered to the employee on... Read more »

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1 Answer | Asked in White Collar Crime, Estate Planning, Family Law and Elder Law for California on
Q: How can I communicate intent to file criminal complaints without crossing the line into blackmail?

How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Can I sue my insurance company? Can I only sue for the limit of my coverage?

I live in Ventura county, CA and got in an accident that was my fault but my insurance company isn’t paying anything out - not for my loss or the people I hit; they aren’t even returning my phone calls. What can I do? Can I sue for anything over the limit, I.e., for frustration or anything like... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

Under California law, insurance companies are required to act in good faith and deal fairly with their policyholders and claimants. If your insurance company is not fulfilling its obligations under your policy, you may have grounds for a legal claim.

If you are considering suing your...
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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Landlord - Tenant for California on
Q: My low income apartment trying to charge me $29,823.14 for damage.

On Apr 2, 2021 my bathroom flooded and apparently did a lot of damage to the downstairs unit. Before the flooding I complained that my toilet kept running after flushing. The stopper in the back (inside) of the toilet wouldn't go down unless I pushed it down or kept jiggling the handle. It... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

Landlords are required to maintain their rental properties in a safe and habitable condition. If your low-income apartment was flooded due to a maintenance issue that was not properly addressed by the landlord, you may have grounds for a legal claim.

It is concerning that you reported a...
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1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for California on
Q: Hello! We have an odd situation. We're not "law suit happy" people, but we're wondering if our son's teacher violated

any laws with his behavior-- we're not happy. Our son was expected to write a private journal in his class and he does not care for the teacher (He's very rude and has a reputation for being an a-hole). He wrote his true feelings about the teacher, expecting privacy as promised.The... Read more »

James L. Arrasmith
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answered on Apr 1, 2023

Under California law, students have a reasonable expectation of privacy when it comes to their personal journals and private communications. If a teacher were to read a student's private journal without their consent or share its contents without a legitimate reason, it could be considered a... Read more »

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