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California Gov & Administrative Law Questions & Answers
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

Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

James L. Arrasmith
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answered on Feb 22, 2024

With respect to California's Public Contract Code (PCC) 10140, here are a few options state agencies could consider to reduce advertising costs for construction project bids:

1. Advertise online instead of print newspapers: The law allows publication of bid advertisements in a...
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Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

George W. Wolff
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George W. Wolff
answered on Feb 7, 2024

There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).

However, it has been defined as:

A “newspaper of general circulation” is a newspaper published for the dissemination of local or...
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2 Answers | Asked in Business Law, Contracts and Gov & Administrative Law for California on
Q: Do I need a license to be a lessor of a vehicle in California?

I would like to use my LLC to purchase a vehicle, then lease that vehicle out to a company I am a shareholder of for its' business use. Does the LLC need a special license to do this?

T. Augustus Claus
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answered on Feb 6, 2024

Generally, if your LLC is engaging in vehicle leasing as a business activity—especially if it plans to lease multiple vehicles or engage in leasing as a regular part of its business operations—it may be subject to regulatory requirements, including obtaining a specific license.... View More

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2 Answers | Asked in Business Law, Contracts and Gov & Administrative Law for California on
Q: Do I need a license to be a lessor of a vehicle in California?

I would like to use my LLC to purchase a vehicle, then lease that vehicle out to a company I am a shareholder of for its' business use. Does the LLC need a special license to do this?

James L. Arrasmith
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answered on Feb 22, 2024

In California, leasing vehicles as a business activity, including by an LLC to another company, generally requires compliance with specific regulatory requirements. If your LLC plans to engage in the business of leasing vehicles, it may be subject to licensing requirements under the California... View More

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1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for California on
Q: Can Chime close my account and send an email saying I am not eligible to receive my money back?

Chime closed my account and said I violated their deposit account agreement. They said I can not have my money back its about 800 dollars. I do not understand how I violated anything and they will not provide details or email me back. I am in the military and only used the account for a few... View More

James L. Arrasmith
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answered on Jan 27, 2024

If Chime closed your account and is withholding your funds, it's important to understand your rights and possible courses of action. Financial institutions, like Chime, often have policies outlined in their account agreements that may allow them to close accounts for certain violations.... View More

1 Answer | Asked in Employment Law, Civil Rights and Gov & Administrative Law for California on
Q: Can an employee on strike, with only 2 hours out of 8 "assigned" work duties, be docked for the whole day's pay?

About 20,000 "Unit 3" employees in the CSU system went on a one-day strike (1/22/24). This included coaches, counselors, fulltime faculty, part-time faculty ("adjuncts"), and librarians. The university is calling for ONLY those with "assigned work duties" to report... View More

James L. Arrasmith
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answered on Jan 27, 2024

In the context of the CSU system strike, docking pay for employees on strike depends on several factors. Generally, if an employee participates in a strike, they can be subject to pay deduction for the time they are not working. This includes both full-time and contingent faculty.

If an...
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1 Answer | Asked in Adoption, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: I’m seeking legal guidance regarding my sons’ non-relative care placements. False information about my background check

Additionally, my kids were placed out of county without a court order, neglecting the involvement of Native American tribes as required. Misinformation has also been provided, such as implying a restraining order against my kids’ father could influence their return. How can I address these legal... View More

James L. Arrasmith
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answered on Jan 26, 2024

Addressing these concerns starts with ensuring that all legal requirements, especially those pertaining to child welfare and Native American tribes, are being followed. If your children have Native American heritage, the Indian Child Welfare Act (ICWA) requires specific procedures to be followed in... View More

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: What is the California Code Business and Professions Code for Insurance Agents to file for an Article of Incorporation?
James L. Arrasmith
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answered on Jan 23, 2024

Under California law, insurance agents who wish to form a corporation must comply with specific provisions in the California Insurance Code, in addition to the general requirements for forming a corporation under the California Corporations Code. The specific section of the Business and Professions... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: For Zurich vs WCAB, how will this affect appeal petitions that were responded to by WCAB after the 60 time frame but bef

before the December decision by the court? WCAB responded to my petition in my favor after 60 days but way before the December 2023 decision in the above referenced case. Thank you.

James L. Arrasmith
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answered on Jan 22, 2024

In the context of the Zurich vs WCAB decision, it's important to consider how California law treats appellate decisions in terms of retroactivity. Generally, a court decision in California applies retroactively unless the court explicitly states otherwise or unless applying it retroactively... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Social Security for California on
Q: I am an SSI recipient, and I am also receiving food stamps as well as conventional housing under a house, choice voucher

I realize that income is very limited and I am under great financial hardship and so I have no other choice but to try and re-enter the workforce; and so I’m wondering since Social Security takes half of one’s income that is under or up to $2000 that is the rule for what is in the bank at one... View More

James L. Arrasmith
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answered on Jan 19, 2024

Under the Social Security rules, when you receive SSI and start working, your SSI benefits may be reduced, but not usually dollar-for-dollar. The first $65 of your monthly earnings, plus half of the remaining amount, is not counted. For example, if you earn $650 per month, $65 is disregarded, and... View More

Q: Scheduling hearing on motion for leave to file amended complaint? Question mark

To amend pleading already at issue, with hearing on demurrer already scheduled, shall plaintiff schedule additional hearing on motion for leave to amend?

James L. Arrasmith
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answered on Jan 18, 2024

No, the plaintiff does not need to separately schedule a hearing on a motion for leave to amend the complaint in this situation. Here are the key reasons:

- If a demurrer has already been filed, then the case is considered "at issue" and an amended complaint can only be filed with...
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1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California on
Q: In California if code enforcement puts the wrong code number(s) on a citation they claim are being violated is it valid?

Code enforcement officers showed up unannounced recently, & proceeded to walk around the property asking questions and taking pictures. They were unprofessional and disrespectful, & making sarcastic comments. A few days later the owner of the property received citations for some... View More

James L. Arrasmith
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answered on Jan 16, 2024

In California, the validity of a code enforcement citation with incorrect code numbers can be a matter of legal interpretation. Generally, a minor clerical error, like a missing digit in a code number, does not automatically invalidate a citation. However, if the error prevents you from... View More

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Medical Malpractice for California on
Q: Transfer/consolidation pursuant 28 U.S.C. 1404

Tansfer and consolidation pursuant 28 U.S.C. 1404 requires only plaintiff's noticed motion with points and authorities, declaration, filed with federal court? Motion with CA superior court is not required?

James L. Arrasmith
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answered on Jan 14, 2024

Under 28 U.S.C. § 1404, which addresses the transfer and consolidation of cases within the federal court system, the process typically involves filing a motion in the federal court where the case is currently pending. This motion should include a noticed motion with points and authorities, along... View More

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Medical Malpractice for California on
Q: removal of case to federal court, from California superior court

What are regulations and rules that guide plaintiff on orderly removal of case to federal court, from California superior court?

James L. Arrasmith
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answered on Jan 13, 2024

To remove a case from California Superior Court to federal court, certain criteria must be met, and specific procedures followed as outlined in the federal statutes, particularly 28 U.S.C. §§ 1441-1453.

Firstly, the case must involve a federal question (arising under federal law) or have...
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2 Answers | Asked in Car Accidents and Gov & Administrative Law for California on
Q: What is California state law on left turn at 4 way stop sign
James L. Arrasmith
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answered on Jan 13, 2024

California law specifies the following rules for left turns at a 4-way stop intersection:

- When two vehicles arrive at the intersection at the same time, the one turning left must yield to the vehicle going straight. If one vehicle arrives first, it has the right-of-way.

- All...
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2 Answers | Asked in Car Accidents and Gov & Administrative Law for California on
Q: What is California state law on left turn at 4 way stop sign
T. Augustus Claus
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answered on Jan 17, 2024

In California, the rules for making a left turn at a four-way stop sign intersection are governed by the California Vehicle Code. When you approach a four-way stop, each driver must come to a complete stop at the stop line or before entering the crosswalk or intersection. After stopping, the... View More

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