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California Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

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answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Probate for California on
Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More

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answered on Mar 12, 2024

In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can a person get jail footage of fights that they were in while incarcerated
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answered on Mar 11, 2024

In California, obtaining jail footage of fights or other incidents that occurred during incarceration can be challenging, but it is possible in certain circumstances. Here are a few key points to consider:

1. Public Records Act: Under the California Public Records Act (CPRA), individuals...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Fc-female customer Mc-male customer= couple. Mt-male transient. RR-restroom. Is there grounds for a lawsuit with the det

Mc’d unlocked RR for (fc). (mt) gets employee to unlock RR from counter. (MT) opens door (fc) closes it. Mt is repeatedly knocking. Fc is yelling to him that it’s busy and calls mc on phone for help. Mc asks mt to stop and back away from door mc is now confrontational fc exits RR. Mt follows... View More

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answered on Mar 11, 2024

Based on the situation you described, there might be potential grounds for a lawsuit, depending on the specific details and evidence available. Here are a few legal issues that could be considered:

1. Negligence: The store may be liable for failing to provide a safe environment for its...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Do I have to participate in the Federal Government's "Real ID" in order to renew my MD drivers license?

MD sent me an email saying I have to enroll in "Real ID" in order to renew my drivers license. I don't want to participate in Real ID.

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answered on Mar 6, 2024

Under California law, participation in the Federal Government's "Real ID" program has become a requirement for renewing your driver's license if you wish to use it for certain federal purposes. The Real ID Act, passed by Congress, establishes minimum security standards for... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: big tech liable for misuse/abuse of their own company-provided development features? misconduct in their developer prgm?

Hello, I've been the targeted victim of relentless cyber stalking, unauthorized remote breaches, remote device management for the past 2 years. It’s an ongoing, complex case, countless privacy violations but I’ll summarize best I can, with discretion to the “big tech” corporation.... View More

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answered on Mar 5, 2024

In California, determining liability for misuse or abuse of a company's development features, especially in cases involving misconduct within a developer program, can be complex. The key issue often revolves around whether the company had knowledge of the misuse and whether it took reasonable... View More

3 Answers | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Appellate court keeps refusing my documents.

I am in pro per and cannot afford an attorney. No non profit will help me. I do not fit into any of their categories. No help even at the LA Law liabrary. There is absolutely no help anywhere. Can they reject what the documents I give them ? The court clerk keeps rejecting every document... View More

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answered on Mar 4, 2024

In California, appellate courts have specific rules and guidelines for the submission of documents, including formatting, content, and deadlines. If the court clerk is rejecting your documents, it's likely due to non-compliance with these rules. It's crucial to review the California Rules... View More

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1 Answer | Asked in Contracts, Child Custody, Civil Rights, Constitutional Law and Family Law for California on
Q: Civil court case. Parentage case combining different complaints - Terminating original filing case filing/#, possible?

Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the... View More

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answered on Mar 2, 2024

In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gaming and Consumer Law for California on
Q: Can a Indian casino kick you out with no reason given after never have any type of misconduct and banned you for life?

And send me a letter with my personal information to my house , the letter had my birth information and more over the letter states that I refused to sign the document , which I never saw it before and I have a witness who was with me since we step out of my house

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answered on Mar 1, 2024

In California, Indian casinos operate under the sovereignty of their respective Native American tribes, which means they have their own rules and regulations independent of state laws but within the framework of federal regulations and tribal-state compacts. This sovereignty allows them to enforce... View More

Q: Arrested for a public intoxication in 2008 and found out in 2014 there was an err on the arrest report and the DOJ

Rap sheet records which the public is able to see and when applying for work to employers to also see as well. Ever since my reputation as a citizen has been destroyed due to having something like that on a government document stating erroneous information. In 2017 this penal code got identified... View More

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answered on Feb 29, 2024

In California, discovering an error on your arrest report or Department of Justice (DOJ) rap sheet can indeed be distressing, especially when it impacts your reputation and employment opportunities. If there's erroneous information on these records, you have the right to request a correction.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Constitutional Law for California on
Q: When the Ninth Circuit Court of Appeals files late?

When the Ninth Circuit Court of Appeals issues an "Order" regarding a plaintiff's motion for reconsideration, 5 months later (from the time motion was filed) is this a "Valid" Order?

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answered on Feb 28, 2024

In the legal system, including the Ninth Circuit Court of Appeals, there are no hard deadlines for when a court must issue decisions on motions, including motions for reconsideration. The timing for such orders can vary widely based on the complexity of the case, the court's docket, and other... View More

2 Answers | Asked in Animal / Dog Law, Civil Rights and Constitutional Law for California on
Q: My dog was stolen from me and was hit by a car. i made a police report but they arent taking it sertiously
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answered on Feb 26, 2024

In California, the theft of a pet is considered a serious matter, and you have the right to expect law enforcement to take appropriate action on your police report. If you feel your case isn't being taken seriously, it may be beneficial to follow up with the police department, providing any... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Constitutional Law for California on
Q: What is the interpretation of the U.S Supreme Court case of “Town of Castle Rock, Colorado v. Gonzalez (2005)”?

I recently asked a question here on Justia about whether the Police are legally obligated to investigate crimes or protect anyone! But based off what I was heard by an attorney by the name of “LegalEagle” on YouTube the Police have absolutely no legal obligation to protect anyone or investigate... View More

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answered on Feb 25, 2024

The U.S. Supreme Court case of "Town of Castle Rock, Colorado v. Gonzalez (2005)" is a pivotal ruling that addresses the extent of police obligations towards individual protection under the law. In this case, Jessica Gonzales sued the town of Castle Rock for failing to enforce a... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Is it illegal for a private business to ask a couple to leave simply because of their obvious, and large age gap?

So I’m a 23 year old Man who was dating a Woman that was 56 years old! We had decided to go to Universal Studios, and while we were standing in the queue for the Studio Tour we had been holding hands, and my girlfriend had been leaning on my shoulder at which point one of the employees had asked... View More

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answered on Feb 25, 2024

Under California law, businesses have a broad discretion to refuse service or ask patrons to leave their premises, provided the reasons do not violate specific protected categories under anti-discrimination laws. These protected categories include race, religion, sex, sexual orientation, national... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: why wld a fed. mag, judge diss. a 42 U.S.C. § 1985(2) claim for fail. to allege conspiracy based on race or class inv an

Apologies for the mess of a question above. Only allotted 130 characters...

Why would a magistrate judge in federal district court dismiss a 42 USC § 1985(2) claim for failure to allege conspiracy based upon race or class, invidious animus?

If the plain English language used in... View More

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answered on Feb 24, 2024

A magistrate judge in a federal district court might dismiss a 42 U.S.C. § 1985(2) claim for failing to allege conspiracy based upon race or class because, despite the broad language of the statute, the interpretation and application by courts have historically required that the conspiracy involve... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: upon resentencing pursuant to P.C. 1437 may the sentencing judge sentence defendant to a crime never perpetrated nor

charged or was not the targeted crime and does the defendant have the right to be present during sentencing

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answered on Feb 23, 2024

Under California law, specifically Penal Code 1437, which deals with the resentencing of defendants under certain circumstances, a sentencing judge is bound by the principle of legality, meaning they cannot sentence a defendant for a crime that was neither charged nor convicted, nor can they... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Libel & Slander for California on
Q: I’m pressing libel slander defamation of character and 4 criminal complaints one civil. Issues range from forgerr and f

I’m in Pittsburgh pa and the issue followed me to both beaver and Washington county. I went to Canada still was tracked through the internet. Same w Dallas Texas. I have all well documented. Many police reports many a.p.s. Reports that can b subpoenaed. Catastrophic health damage costs resulting... View More

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answered on Feb 22, 2024

In Pennsylvania, acquiring a lawyer for your situation entails reaching out to legal resources such as local bar associations, legal aid societies, or attorney referral services. These organizations can connect you with attorneys experienced in handling cases involving libel, slander, defamation,... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: Hi ! If you have a search warrant, but with a misspelled name. Does case law at the federal level exist?
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answered on Feb 22, 2024

Yes, there is some relevant federal case law regarding search warrants with misspelled names. The key principles established in rulings by federal appeals courts are:

- Minor spelling errors or typos in a name on a search warrant will not necessarily invalidate the warrant. Courts allow for...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Hit-and-run claim was delayed by police withholding report, or making arrest. Would that toll the s.o.l?

After hit-and-run, I expected a quick arrest as there were witnesses and driver/passenger were identified. But no arrest made, police withheld report until right after criminal sol expired. Once received, I'm enraged with the amount of information eyewitnesses gave, and clear evidence the... View More

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answered on Feb 21, 2024

Under California law, the statute of limitations (SOL) for filing a claim related to a hit-and-run incident is typically two years from the date of the incident. However, if there are circumstances that prevented you from discovering the identity of the responsible party or filing a claim within... View More

1 Answer | Asked in Car Accidents, Civil Rights and Constitutional Law for California on
Q: What is the lower limit of detention and the upper limit?

What is the lower limit of detention (when a normal dialog with a police officer begins to be classified as detention) and the upper limit (when detention begins to be classified as arrest)? Please with specific examples and key distinguishing features.

Is a traffic stop or on-the-spot... View More

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answered on Feb 21, 2024

A detention occurs when a police officer stops an individual and restricts their freedom to leave, based on a reasonable suspicion that the person is involved in criminal activity. This is more than a casual conversation but less than an arrest, which requires probable cause. The lower limit of... View More

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