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California Agricultural Law Questions & Answers
1 Answer | Asked in Employment Law and Agricultural Law for California on
Q: I work for foster farms and they are discrimination and negligence on there behalf along with the duress.

I had a home invasion on the Their property a year ago dec 11. And it was due an ex employee. on jan 12 they forced me step down and are forcing me to move in 30 days... Along with I was not informed I would be moving and working with a sex offender. Considering the trama I went through when I... View More

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, your situation involves several serious issues, including workplace discrimination, negligence, and potential safety concerns. Firstly, California's Fair Employment and Housing Act (FEHA) prohibits discrimination in employment based on race, sex, and other protected... View More

4 Answers | Asked in Consumer Law, Personal Injury, Agricultural Law and Small Claims for California on
Q: I found a starfish arm in a can of spring water sardines from trader joes. Can I sue anyone?
James L. Arrasmith
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answered on Aug 10, 2023

If you have suffered physical harm or injury due to the presence of a foreign object in a product you purchased, you might have grounds to pursue a product liability claim against the manufacturer, distributor, or seller. Consultation with an attorney would be recommended to evaluate the specific... View More

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1 Answer | Asked in Agricultural Law and Gov & Administrative Law for California on
Q: Can the California Building Code be used to regulate agriculture grading? The CBC scope application purpose.

A notice of grading non-compliance has been recorded on our property title for non-compliance with the California building code. We are moving earth to plant 300 avocado and citrus trees. A stop work order has been issued under the building code, but no code section was cited. There is no building... View More

James L. Arrasmith
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answered on Apr 15, 2023

The California Building Code (CBC) primarily regulates construction and building safety standards. While the CBC does contain provisions related to grading and excavation, they are limited to the context of construction and building projects. The code provides standards for site preparation,... View More

1 Answer | Asked in Agricultural Law and Environmental for California on
Q: Why are bees fish?

In the case of Almond Alliance vs Fish and Game Commission, what is the difference between bees having to be fish and insects having their own section in the CESA? Why not file for an amendment for the CESA to have a section for them?

James L. Arrasmith
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answered on Mar 16, 2023

Bees are not fish, and it is unclear why this question is being asked in the context of agricultural law and environmental law for California. The Almond Alliance vs Fish and Game Commission case likely does not involve the classification of bees as fish.

As for the issue of insects having...
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Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... View More

James L. Arrasmith
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answered on Mar 4, 2023

In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... View More

1 Answer | Asked in DUI / DWI, Agricultural Law and Civil Rights for California on
Q: I have a concern and feel that I have received a notice of terminate tenancy
Dale S. Gribow
Dale S. Gribow
answered on Jun 16, 2022

more info is needed.

what is your question and does it relate to DUI?

1 Answer | Asked in Employment Law and Agricultural Law for California on
Q: Is there any law regarding how much off the clock personal time is spent commuting, in a company truck.

I do pest control and i get paid for on the clock hours only. My trips to my first a lnd last jobs are not covered. My company has recently made my commute more then 20-30 miles away and i now spent approximately 2.5-3 plus hours in my day unpaid. I also can not start early (to help me avoid heavy... View More

Neil Pedersen
Neil Pedersen
answered on Oct 21, 2021

Generally an employer is not required to pay employees for their commute to and from work and home. However some exceptions exist that may mean you should be compensated.

Even if employees use personal vehicles for their commute, they may be entitled to pay for travel time if they are...
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1 Answer | Asked in Estate Planning, Real Estate Law, Agricultural Law and Civil Litigation for California on
Q: Are the property lines accurate enough to use as evidence of property line in court. I'm having issues with a neighbor

A site listed as patented on justia called real estate portal .

George W. Wolff
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George W. Wolff
answered on Sep 29, 2020

USUALLY FOR A TRIAL YOU NEED A SPOTTED BOUNDARY LINE SURVEY BY A LICENSED SURVEYOR.

1 Answer | Asked in Criminal Law and Agricultural Law for California on
Q: How often does a criminal prosecution happen in California over Grand Larceny of an estate's assets worth over $200,000?

My father died last month. His Trust is signed and has shared Co-executors- my sister and stepmother. My stepmother is unhappy with the Trust as written and has started stealing and and selling assets (cattle, trucks, ranching equipment) whose loss of value to the Trust is thus far, $200,000. We... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 19, 2020

more info needed.

if she is stealing and that is a criminal act, I suspect contacting law enforcement makes sense.

however, I would make an appt for a consultation with a local lawyer asap.

1 Answer | Asked in Civil Litigation, Criminal Law, Agricultural Law and Civil Rights for California on
Q: A farmer forced out of business gave the quad to my neighbor no bill of sale we hooked it up to a trailer to fight fires

We desperately need it this year but the sheriff's department took it because it wasn't registered in my neighbors name is that legal and no it wasn't stolen it was given to us by a farmer they had to go out of business and the sheriff's department did a search and seizure... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 31, 2020

were you cited for it? or just confiscated?

more info needed.

though it probably should have been registered, if you went to court and presented this info to a judge i don't think you would be punished.

1 Answer | Asked in Criminal Law and Agricultural Law for California on
Q: Does a Kawasaki 360 quad used on a farm as a firefighting implement pulling a trailer does it need to be registered

our quad that is not registered in the state of California and is used as a firefighting implement on a property was taken by the sheriff's department because it wasn't up to date on a registration is that legal

Dale S. Gribow
Dale S. Gribow
answered on Mar 31, 2020

i believe it does.

are you just labeling it for firefighting or has it been used for that in the past.

how old is it and how many times has it been used to fight fires?

Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.

Limbs have fallen from the two trees on both sides of the tree limb that hit my car causing $2,000.00 damage to my vehicle

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2019

The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue.... View More

3 Answers | Asked in Traffic Tickets, Agricultural Law and Animal / Dog Law for California on
Q: How do we look up the code section we got a ticket for? The code on the ticket is CO-B31-3A-I (infraction) stray sheep

The sheep on our unoccupied farm were spooked in the middle of night by neighbor's dog and a few ran out onto the road through the opening of a small creek (dry at the time) that runs through the property. We are not allowed to close this opening as it could hinder passage of rain runoff.... View More

William John Light
William John Light
answered on Jan 9, 2018

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAC&sectionNum=16902.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=3....
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1 Answer | Asked in Employment Law, Sexual Harassment, Workers' Compensation and Agricultural Law for California on
Q: If your work Comp attorney wants to terminate your relationship what do I file to release him from collecting leins

My attorney spent one year subpoenaing my medical records. He post poned all QME appointments. Now he has asked me to settle my claims at an amount I question then he told me I had to take his suggestion or come pick up my files.

Is an injured worker allowed to have the defense provide an... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Dec 27, 2017

You may (1) Sign a Notice of Dismissal of Attorney, then (2) speak with or write to the defense attorney freely. You can request an 'accounting' but there is nothing in the Labor Code requiring the defense attorney provide you with anything. YOU ARE entitled to an attorney who can... View More

1 Answer | Asked in Agricultural Law, Animal / Dog Law and Civil Rights for California on
Q: Does law enforcement have legal right to force you to abandon your pets in case of emergency? During rescue?
Louis George Fazzi
Louis George Fazzi
answered on Sep 6, 2017

Depending on the circumstances, police authorities can compel you to leave your property promptly, even if it causes you to abandon your pet(s). It all depends on the nature of the emergency.

1 Answer | Asked in Real Estate Law and Agricultural Law for California on
Q: Can our neighbor be "forced" to maintain their berry bushes, so that they don't grow over the fence into our yard?

We live at the bottom of a hill. The neighbor behind us has a home at the top of the hill, and owns most of the property in between. Many years ago we removed all of the berry bushes growing on our property. But just over the fence, there is about 10 yards deep of berry bushes still growing... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 27, 2017

You can claim trespass if their bushes are over the property line. If they don't respond to written requests from an attorney, litigation may be required. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Criminal Law, Agricultural Law, Environmental and Land Use & Zoning for California on
Q: Can I get a license to grow and harvest marijuana on my farm in Nebraska?

Marijuana was planted for rope and soil health pre WWI. We currently eradicate marijuana with herbicides and grow corn and soybeans. Costco sells hemp seeds from Thailand and paper can be made from the fiber (instead of trees)...what is the possibility of growing legal marijuana on the farm?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 1, 2017

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