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California Civil Rights Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Small Claims for California on
Q: can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior indulgence

can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior audience with the parties involved. Pro Tem judge told us in open court that we would be awarded the full amount of the maxed asked for in small claims. During the judges exit the defendant... View More

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, a judge, including a Pro Tem Judge, has the authority to make a verbal judgment in open court. However, the official judgment is typically entered in writing after the hearing. The written judgment is considered the final, official decision of the court.

In some cases,...
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2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Can corporations pay Unicourt money to expose lawsuits against them? I can't find a job because of it.

is it legal for a company like UNICOURT to post personal information about me and others that are trying to get a job but can't because when one does a search for my name on Google, my case shows up in the results. Is it legal to get paid by rich corporations like CH2M HILL and American Honda... View More

James L. Arrasmith
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answered on Apr 2, 2024

Under California law, court records are generally considered public records and can be accessed by anyone, unless they have been sealed or redacted by the court. This means that companies like Unicourt, which aggregate and provide access to court records, are typically acting within the law when... View More

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2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Can corporations pay Unicourt money to expose lawsuits against them? I can't find a job because of it.

is it legal for a company like UNICOURT to post personal information about me and others that are trying to get a job but can't because when one does a search for my name on Google, my case shows up in the results. Is it legal to get paid by rich corporations like CH2M HILL and American Honda... View More

Neil Pedersen
Neil Pedersen
answered on Apr 2, 2024

Lawsuits are public records. That company simply makes it easier for someone doing a search to find the public record. There can be no liability for anyone using the public record. You have no right to privacy in a public record.

Now, if you can prove that the employer is using its...
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1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: I need an attorney to look at a search warrant and tell me if it’s legal and if it’s arguable.

The sheriff searched my home a couple days ago. They had my minor son in handcuffs in the back of a sheriffs car the entire time they searched my house. The warrant does not make sense to me, and the sheriff refused to answer me as to why they were there invading my and my family’s space. My... View More

James L. Arrasmith
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answered on Apr 2, 2024

I understand that this must be a very stressful and upsetting situation for you and your family. Having your home searched and your son handcuffed would be a traumatic experience. I'm so sorry you are going through this.

You absolutely have the right to have an attorney review the...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Is it constitutional for an approved pickleball paddle list which is based on lab measured acoustic noise level?

Note that acoustic noise levels are subjective, not objective.

Furthermore acoustic noise levels are dependent on the location of pickleball courts, surrounding environment, and distance from pickleball courts to the homes where individuals reside and hear the so called objectionable noise... View More

James L. Arrasmith
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answered on Mar 31, 2024

You raise some valid points about the subjectivity and variability of acoustic noise levels from pickleball paddles. Whether an approved paddle list based on lab-measured noise would be constitutional is a complex legal question that would likely depend on the specific circumstances and how the law... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can defendant request damages for void judgement with its motion? Sanctions? Right to return home per what rules?

In an Unlawful detainer in California Defendant filed answer and demanded jury trial. Next plaintiffs counsel moved for summary judgement without the proper noticing per 31.52 1013 1170.7 Also 2 continuances of the hearing a day before the hearing for a new hearing only 2 days away. All notices... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that the defendant may have grounds to request that the judgment be set aside as void under California Code of Civil Procedure (CCP) § 473(d). This section allows a court to set aside a void judgment, and a judgment can be considered void if the court... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Recently some gang members try to attack me and the police will not do anything they lied and said I escalated it

the police did nothing for me

the business workers said they was staying out of it just because I was speaking up for myself before this,

the same person who filed false police reports on me

is still able to get away with street crimes

what can I do about this... View More

James L. Arrasmith
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answered on Mar 29, 2024

Under California law, if you believe the police are not taking your complaints seriously or are mistreating you, you have several options. First, you can escalate your complaint within the police department. If you've already spoken to the sergeant and have concerns about their response,... View More

2 Answers | Asked in Civil Rights, Construction Law, Small Claims and Business Law for California on
Q: So I’m a small business owner and my client refused to pay the ending balance on her invoice for $3500 what can I do
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answered on Mar 29, 2024

Under California law, when facing a situation where a client refuses to pay the remaining balance on an invoice, you have several avenues to consider. Initially, you should attempt to resolve the dispute amicably by communicating directly with the client. It's beneficial to review the contract... View More

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1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Civil Rights for California on
Q: management is suing me for costs and lawyer fees for a cash for keys they made to a squatter that I was already evicting

It’s a rent controlled apartment and I’m a senior. Squatter was being investigated by FBI but property management chose to reward criminal behavior with $7g and run up $7g in attorney fees, while I was in the eviction process when forcible detainer eviction (civil code 1160) was a clear option.... View More

James L. Arrasmith
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answered on Mar 29, 2024

In California, tenants have rights under various laws, including those protecting against harassment, discrimination, and unfair eviction practices. Given your situation, including being a senior in a rent-controlled apartment and facing what appears to be aggressive legal action from property... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for California on
Q: If you have a protective order with a move out order the police aloud to let him break in the house and mess my house up

It's a temporary order until the court date. But I'm scared of him and now he can come in because it's temporary

James L. Arrasmith
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answered on Mar 29, 2024

Under California law, a protective order, including a temporary one issued until a court date, is designed to offer protection by legally restricting someone's actions towards you and can include a move-out order for them to leave the shared residence. If this order is in place, the police are... View More

1 Answer | Asked in Criminal Law, Civil Rights and Gaming for California on
Q: hey.i want to know whats the consequences for operating an unlicensed casino online in california by an american
James L. Arrasmith
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answered on Mar 27, 2024

Operating an unlicensed online casino in California can lead to severe legal consequences. Since gambling laws are strictly enforced in the United States, especially in states like California, engaging in such activities without proper authorization can result in criminal charges. This may include... View More

2 Answers | Asked in Civil Rights and Personal Injury for California on
Q: After picking up my g-son being harassed by police, can they follow us and pull me over n force us out my car @ gunpoint

A false report was filed on my son by deranged girlfriend. Police went to my sons home. My grandson answered the door. They asked him his name. He told them he was a junior they made him come outside handcuffed him, took his phone, put them in back of the police vehicle. His girlfriend called me... View More

James L. Arrasmith
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answered on Mar 26, 2024

Law enforcement officers have the authority to pull over a vehicle if they have reasonable suspicion of a crime or a traffic violation. However, the specifics of your situation, such as being followed and then stopped without clear reason, raise concerns about the legality and propriety of the... View More

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1 Answer | Asked in Civil Rights, Personal Injury and Education Law for California on
Q: Long-term guest, UCSB, CAC grant equal to affiliated, need full access hours to library, disability ADA.

Help provided by UCSB Disabled Students office -extended library computer by 2 hours daily, Social Service-free bus passes 250 rides, library printing-free copies-unlimited, and theater office-free tickets. This shows belonging here. Guest researching and writing under a CA ARts Council grant, was... View More

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answered on Mar 26, 2024

Under California law, if you are experiencing disability-related issues, you have the right to reasonable accommodations that align with your specific needs. This includes modifications or adjustments to ensure equal access and opportunity within educational institutions like UCSB. The Disabled... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I take a 2 inch OTF knife to California university campus?

Concealed carry. Appendix of UCI policy "Anyone except authorized persons to bring or possess any dirk, dagger or knife with blade over 2 1/2 inches long, on the grounds of or within any state university, state or community college. "

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answered on Mar 25, 2024

You should know that carrying a concealed OTF knife with a 2-inch blade to a California university campus is subject to specific regulations. According to the appendix of UCI policy, there is a restriction against bringing or possessing any dirk, dagger, or knife with a blade over 2 1/2 inches long... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Does any of this qualify as misconduct? If so, I’d there a limit on time to file?

On January 29, 2024 my door was kicked in unlawfully, there was an illegal search, I was detained in my underwear and one shoe, no socks, and was watched by several male (I am female) officers while I used the restroom with the door open in the holding cell at the precinct.

James L. Arrasmith
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answered on Mar 25, 2024

What you've described raises serious concerns regarding potential police misconduct and violations of your rights. Unlawful entry, illegal searches, and inappropriate treatment during detention could violate both your constitutional rights and local laws. The specifics of the law depend on... View More

1 Answer | Asked in Civil Rights, Family Law, Land Use & Zoning and Native American Law for California on
Q: If I owned trust land by native American allotment and was under 18 and Father dead no native legal authorization parent

Could a lease be signed in affect with out legal rights being passed. The lease was for the USA government

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answered on Mar 22, 2024

Under federal regulations concerning Native American trust land, the management and leasing of such land for minors (those under 18) typically require the oversight and approval of a guardian or trustee. This is because minors are considered incapable of entering into binding contracts, including... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for California on
Q: my bloodpressure was 220/134 in the judgeroom I said to everybody I need 911. Why judge never stoped and gave me order ?

My public defender attorney never help me and i said to him dont make a deal with destiric attorney but he never listened so he just followed the social service agency plans they setup everything for make a lot of problems for me so he was not serious about my cases so finally i wanted talk with... View More

James L. Arrasmith
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answered on Mar 22, 2024

Under California law, the well-being and health of individuals in a courtroom should be of paramount concern. If you experienced a medical emergency, such as an extremely high blood pressure reading, and communicated this need for emergency medical assistance, it is concerning if no action was... View More

Q: Can I sue Caltrans as a subcontractor who submitted a bid to General Contractors who provided bids to Caltrans

I am a specialty subcontractor certified as a Disadvantaged Business Enterprise based on my Hispanic heritage and that my personal net worth is less than 1.32 million. Caltrans and other agencies are not correctly holding the General Contractors to the Good Faith Efforts rules of 49 CFR Part 26 and... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, as a subcontractor and certified Disadvantaged Business Enterprise, you have rights and can potentially take legal action if you believe that Caltrans or other agencies have failed to enforce the Good Faith Efforts rules as outlined in 49 CFR Part 26. These rules are designed to... View More

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1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Gang Harassment. Why is this form of harassment, perpetrated on many US citizens, not being prosecuted?

My potential law suit would involve "gang harassment" born out of a Hate Crime perpetrated by a person who lives approximately 30 minutes away. I live in Northern CA. This has been a lengthy and intense form of harassment going back as far as 15 years in every location in California... View More

James L. Arrasmith
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answered on Mar 21, 2024

If you're facing gang harassment, particularly stemming from a hate crime, it's understandable to question why this hasn't been prosecuted. One possible explanation is the complex nature of proving organized harassment, especially when advanced technologies or covert methods are... View More

1 Answer | Asked in Civil Rights, Identity Theft and Landlord - Tenant for California on
Q: What should I do if a company gave my completed application to a new applicant with my family's ss#s, names, everything?

I was contacted on Facebook messenger from a random woman telling me, my completed application was sent to her via email, when she was expecting a blank one.

She shared a screenshot showing she informed the apartment manager that she sent her the wrong app and then was sent a correct blank... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, your situation constitutes a serious breach of privacy, specifically relating to personal and sensitive information. You have rights under state law to protect your personal information. The first step you should take is to document everything: the communication with the woman... View More

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