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California Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Personal Injury and Health Care Law for California on
Q: Process service of Federal Complaint - package

What documents have to be served on defendant, for initial filing with Central District Court, in addition to Summons and Complaint?

James L. Arrasmith
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answered on Mar 7, 2024

When serving a defendant in a federal case filed with the Central District Court of California, you generally need to include the following documents in the service package:

1. Summons: This is an official court document that notifies the defendant that they are being sued and must respond...
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: If an escooter/bike is on a sidewalk do they have to abide by pedestrian rules?

I read that in California it is legal for a bike or e-scooter to enter a sidewalk when the bike lane is blocked or nonexistent, if they were to enter the sidewalk would they have to abide by pedestrian rules such as not crossing when the no walking sign is up? Also if they were to be hit by a car... View More

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answered on Mar 6, 2024

In California, when bicycles or e-scooters are allowed to ride on sidewalks due to bike lane obstructions or absence, they must generally follow the same rules as pedestrians. However, local laws may vary, so it's important to check the specific regulations in your city or county.

When...
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: If an escooter/bike is on a sidewalk do they have to abide by pedestrian rules?

I read that in California it is legal for a bike or e-scooter to enter a sidewalk when the bike lane is blocked or nonexistent, if they were to enter the sidewalk would they have to abide by pedestrian rules such as not crossing when the no walking sign is up? Also if they were to be hit by a car... View More

William John Light
William John Light
answered on Mar 6, 2024

Who is at fault in a collision depends on a lot more than a pedestrian stop being on. Even if an e-scooter or pedestrian is violating the pedestrian stop, a motorist cannot just run them over. The real answer is, it depends. Did the motorist have a chance to react, slow or stop? Did the... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Re: 72 chevelle ss - Police won't let me make report. Title was changed from my name but i never authorized that.?

Since i don't know whose name it was changed to i can't get any info. I've been to dmv, police depts, AAA, no one will give me the name it was transferred to. I would know that if it was legit. So if you can tell me who i need to talk to or where i need to go to get some... View More

James L. Arrasmith
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answered on Mar 5, 2024

Hi Leslie,

I'm sorry to hear about your situation with your 1972 Chevelle SS. It sounds like you're dealing with a case of potential title fraud. Here are some steps you can take to try to resolve this issue:

1. File a complaint with the California DMV Investigations...
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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

James L. Arrasmith
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answered on Mar 5, 2024

In California, all ATVs (All-Terrain Vehicles) must be properly registered with the California Department of Motor Vehicles (DMV) for legal operation. If you purchased an ATV but did not receive the necessary paperwork for registration, this complicates your ability to use the vehicle lawfully. The... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: My vehicle was stolen from my apartment complex on 1-31-23.

On 2-14-24 CHP called to notify me that the vehicle had been located and was at a towing yard in Folsom California. As the tow yard office was closed, I called them the next morning and was told to retrieve the vehicle I must pay in tow fees and storage fees nearly $600. Everyday this fee has... View More

James L. Arrasmith
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answered on Mar 4, 2024

In California, when a stolen vehicle is recovered and towed, the vehicle owner is typically responsible for the towing and storage fees. This situation can indeed be frustrating, especially after the distress of having your vehicle stolen. However, there are a few steps you might take to address... View More

Q: City public works contacted me saying they're guessing my my waste management company truck caused road damage.

City public works contacted me saying they're guessing my my waste management company truck caused road damage. They want me to hire a contractor to pay for the damage caused to the road and the berm. This is outside of my property line, and seems like they should be contacting the waste... View More

James L. Arrasmith
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answered on Mar 1, 2024

In California, it's important to understand that while property taxes contribute to the maintenance of public spaces, including roads, the responsibility for damages caused by specific actions or entities can be allocated differently. If a waste management company truck is alleged to have... 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

James L. Arrasmith
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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 Family Law, Gov & Administrative Law and Public Benefits for California on
Q: Does durable power of attorney trump oc social services interferences

Being harrassed and medicare or family member trying to seize our assests

James L. Arrasmith
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answered on Feb 28, 2024

In California, a durable power of attorney (POA) is a legal document that allows one person (the principal) to appoint another person (the agent) to make financial decisions on their behalf, even if the principal becomes incapacitated. This document can grant broad authority to the agent, including... View More

1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law and Municipal Law for California on
Q: Our road was washed away leaving us stranded without electricity and no propane deliveries. We had to evacuate.

When we evacuated we had to hike out across a raging river and had to leave our vehicle. We could not purchase any items without road acess.

Was our home considered uninhabitable?

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, the term "uninhabitable" refers to a living condition that fails to meet basic safety, health, and structural standards set by state and local housing codes. Given the severe circumstances you've described, where your road was washed away, leaving you without... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Hi, This is kinda rather a general question. Can a DA make a public media statement about evidence telling everyone

That information or evidence that is being heard from the public are not true and that certain things definitely did not happen? Stating things as facts.

Is this not prosecutorial misconduct and tainting potential jurors??

James L. Arrasmith
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answered on Feb 25, 2024

Under California law, District Attorneys (DAs) have a duty to ensure justice and conduct themselves in a manner that upholds the integrity of the criminal justice system. While DAs can make public statements about cases, they must do so with caution to avoid prejudicing public opinion or... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: Is is possible to have a drop-in child care (3 hours max) option inside a retail store?

I would like to know in which states is it possible to have a drop-in child care option inside of a retail store for a maximum time of 3 hours while parents shop charging a fee.

James L. Arrasmith
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answered on Feb 22, 2024

In California, offering drop-in child care services within a retail store is possible, but it is subject to specific licensing requirements and regulations. The Department of Social Services, through its Community Care Licensing Division, oversees child care licensing in California. Any facility... View More

Q: I am suing the Tax Collector of Riverside County, CA for instructing his office to break CA Tax and Revenue Laws.

did this by telling them to place extra parties of interest in the excess tax proceeds Recommendation Letter to the Board of Supervisors. The judge told me the Board Of Supr. are responsible, yet they sign off on all recommendations the tax collector makes, they don't conduct research, or... View More

James L. Arrasmith
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answered on Feb 22, 2024

In California, suing a public official, such as the Tax Collector of Riverside County, for actions taken in the course of their official duties can be complex due to sovereign immunity and various protections that limit liability. However, if there's evidence of willful misconduct, negligence,... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for California on
Q: I got a suspended license and 2 points on my record because I let my friend use my car. What should I do?

I let my friend use my second car and the agreement was for him to do so he had to get insurance. which he ended up doing. A few months later, I got a notice that the car hasn’t been insured. A month after that I got a receipt the states my car got towed because it was abandoned and broken into.... View More

James L. Arrasmith
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answered on Feb 21, 2024

In this situation, it's important to take immediate action to address the suspended license and points on your record. Start by gathering all relevant documentation, including any communication with your friend regarding the car usage agreement and insurance. Contact the Department of Motor... View More

4 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: what can i do if fed ex keep parking in the disabled spot to unload and i have multiple pictures of proof on multiple oc

i have multiple pictures of proof on multiple occasions and keep getting more .. multiple locations at that .i am disabled and do use that spot

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, parking in a designated disabled spot without proper authorization is a violation of state law and subject to penalties. You can take several steps to address this issue, starting with documenting each instance of FedEx parking in the disabled spot with photographs and... View More

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4 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: what can i do if fed ex keep parking in the disabled spot to unload and i have multiple pictures of proof on multiple oc

i have multiple pictures of proof on multiple occasions and keep getting more .. multiple locations at that .i am disabled and do use that spot

Paula Wasserman Drake
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answered on Feb 21, 2024

I certainly understand your frustration. It is good you have your documentation. Contact the company with the dates, times, photos, etc. Also, if they are parking in front of a particular business, let them know when it is happening… they don’t want to lose you as a customer and they may help... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for California on
Q: Can the FBI take an arrestee away from the police?

If the FBI, for example, has an informant (non-FBI employee, member of a criminal gang), and the police, without coordinating with the FBI, arrest him, can the FBI take that informant out of custody, given that he is involved in a special FBI operation and they need him? Do they need to ask the... View More

James L. Arrasmith
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answered on Feb 21, 2024

When the FBI is involved in a case with an informant who gets arrested by local police, the situation requires careful coordination between federal and local law enforcement agencies. If the FBI deems it necessary to take their informant out of local police custody due to his involvement in a... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: In California is there a notice posted on the building or served to a property owner before an abatement happens?

If a property owner was cited for various code violations but has corrected them as far as they can tell (some of the violations were written vaguely and a few were incorrect), and the code enforcement officer says they are still not correct, is there a hearing held before the abatement process he... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, before any abatement action is taken on a property due to code violations, the property owner is typically given notice and an opportunity to correct the violations. This is a fundamental part of ensuring due process. The specific procedure can vary by jurisdiction within the state,... View More

1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for California on
Q: Does the family court in California have the authority to rule on civil business and professional code violations?

I am seeking treble damages along with real estate and cal business & professional code violation damages stemming from a real estate purchase with my former partner soon to be ex wife on a property purchased after the date of separation where she breached our contract and she was the licensed... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, family courts primarily handle cases related to divorce, child custody, spousal support, and similar family law matters. While they have broad jurisdiction over issues arising out of marital relationships, including the division of marital property, family courts do not typically... View More

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