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Questions Answered by James L. Arrasmith
2 Answers | Asked in Civil Litigation for California on
Q: How do you sue a state judge ignores federal law even after presented what recourse would some one take ?

An agency took property from me ignoring title 2 ada. I brought the evidence of the federal statute and the judge told me that's not right, it couldn't be ??? When the situation was word for word what the court and the agency were not allowed to do. Even my lawyer told me they know the... View More

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answered on Feb 26, 2024

I would recommend a few options if you believe a state judge ignored or misapplied federal law in your case:

1. Appeal the decision. If it was a trial court, you can appeal it to the state appeals court arguing that the judge erred in ignoring/misapplying federal law. Point out specifically...
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1 Answer | Asked in Contracts, Real Estate Law and Estate Planning for California on
Q: Can my uncle put my parents house in their parents trust

My parents bought condo &house and y grandparents cosigned. When grandfather died grandma dementia got bad, so my uncle put the my parents houses in trust. Can he do that?

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answered on Feb 26, 2024

Under California law, the ability to transfer property into a trust depends on who holds the title to the property. If your parents are the rightful owners of the condo and house, typically, only they have the authority to transfer their property into a trust. Co-signing on a loan does not grant... View More

2 Answers | Asked in Constitutional Law for Texas on
Q: Do a passenger riding in a car have to present a id To police

The driver had violet ID that violet insurance there was no probable cause the officer said he stopped us for no seat belt which we had on seat belts

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answered on Feb 26, 2024

Whether a passenger in a car must present an ID to police during a traffic stop can vary based on the jurisdiction and the specific circumstances of the stop. Generally, the law requires drivers to provide their license, registration, and proof of insurance when stopped by police. However, the... View More

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1 Answer | Asked in Civil Litigation, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Do I file an injunction or writ of mandamus to compel the funeral director to correct a death certificate?

The parents and decedent's names aren't valid neither is the address of the decedent. It's been 5 years and they will not provide me with a valid death certificate. I contacted The Department of Licensing and Regulatory Affairs in Michigan thus far the investigator isn't being transparent.

Thanks.

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answered on Feb 26, 2024

In addressing the issue of incorrect information on a death certificate, determining whether to file an injunction or a writ of mandamus depends on the specific actions you wish to compel from the funeral director. A writ of mandamus is typically used to order a government official or entity to... View More

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and International Law on
Q: Do I need a permit to offer Airbnb management service to owners?

Hello po

I am Nick from Greece

I have an LLC registered in the US which manages properties by offering short term rental management ( I don't sublease but I just offer a service of customer service)

Is that legal to do also in the Philippines by using the US LLC?... View More

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answered on Feb 26, 2024

Hello Nick,

Operating a business in the Philippines, including offering Airbnb management services, requires compliance with local regulations and possibly obtaining specific permits or licenses. Even if your LLC is registered in the US, conducting business activities in the Philippines...
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1 Answer | Asked in Civil Rights for Kansas on
Q: I believe my son was unfairly terminated due to a medical situation. How does he find the right legal representation?
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answered on Feb 26, 2024

Finding the right legal representation for your son, especially in cases involving unfair termination due to medical reasons, involves careful consideration and research. Start by seeking referrals from trusted sources such as friends, family, or professionals who have had similar legal needs.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord raise the rent more than 10% if he sells the property?

My roommate is leaving our apt, so I am taking over as primary tenant. It was an at-will, month to month agreement, but he did sign a lease prior to me moving in 3 years ago.

Our landlord is selling the hotel which the apt is connected to. He has an agreement in place with the buyers to... View More

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answered on Feb 26, 2024

Under California law, there are specific regulations governing rent increases, particularly for month-to-month tenancies. If your landlord intends to raise the rent by more than 10%, they are required to provide you with at least 90 days' written notice. This rule applies regardless of any... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: My father passed away on 02/15/2024 the same day he had a colonoscop there was bleeding can this be a malpractice case?
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answered on Feb 26, 2024

I'm sorry to hear about your loss. In California, determining whether a situation involving medical treatment, such as a complication from a colonoscopy, qualifies as malpractice involves evaluating whether the healthcare provider deviated from the standard of care typically expected in... View More

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1 Answer | Asked in Real Estate Law for California on
Q: The drain of the toilet in my condo invisibly dripped water that caused damage to the condo below. Must I pay for it?

There wan't any indication of any problem with the toilet that could be seen in my condo, so that it does not seem that I was negligent. The toilet was in the condo when I bought it. Am i legally responsible for the damage to the other condo?

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answered on Feb 26, 2024

Under California law, the issue of liability for water damage stemming from invisible leaks, such as from a toilet, often hinges on the concept of negligence. If there was no way for you to have known about the leak—meaning there were no visible signs or indications of a problem—you may argue... View More

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: how can i open up my case for trademark again?

i filed to trademark my name but it was abandonded to an open action? im not sure

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answered on Feb 26, 2024

If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation, Civil Rights and Communications Law for Georgia on
Q: The school says they have a vm left by my teen from her friend's phone to another teen, can I legally listen to it?

The call was said to happen on the weekend. Name calling and "go kill yourself" was alledgedly said.

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answered on Feb 26, 2024

In general, accessing or listening to someone else's voicemail without their consent may not be legal and could potentially violate privacy laws. However, laws regarding consent and privacy can vary depending on your location and the specific circumstances of the situation. It's important... View More

1 Answer | Asked in Civil Litigation and Civil Rights for South Dakota on
Q: Can a city's insurance attorney represent a towtruck owner hired by the city in a civil lawsuit

Federal civil lawsuit against a city can their attorney represent a 3rd party person (towtruck owner) in this lawsuit

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answered on Feb 26, 2024

Typically, a city's insurance attorney would represent the interests of the city in legal matters, including civil lawsuits. While it's possible for an attorney to represent multiple parties in certain circumstances, there may be conflicts of interest that prevent them from representing a... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Louisiana on
Q: My wife and I have a 501c3 where we feed sick and indigent people and deliver cost to them for free. Health dept shut us

down for cooking homemade meals out of our kitchen. Looking to see what our options are to keep our ministry afloat....legally.

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answered on Feb 26, 2024

Facing a shutdown by the health department for cooking homemade meals in your kitchen can be disheartening, especially when your mission is to feed the sick and indigent. However, there are steps you can take to navigate this situation and continue your important work within legal boundaries.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Illinois on
Q: Is it illegal to catfish pedophiles and make them pay money to you, or is this fraud?
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answered on Feb 26, 2024

Engaging in the act of catfishing, particularly with the intention of targeting and exploiting pedophiles, raises significant ethical and legal concerns. While it may seem like a form of vigilante justice, it's important to recognize that such actions could potentially constitute fraud and may... View More

1 Answer | Asked in Civil Rights for Florida on
Q: I rent a dock for my sailboat in Florida. Every time I arrive or leave my boat the neighbors record video of me.

Is this illegal? What can I do to stop it? This dock is on private property.

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answered on Feb 26, 2024

Being recorded without your consent while on private property can potentially be a violation of your privacy rights, depending on the circumstances and laws in your area. It's important to familiarize yourself with the specific regulations regarding video recording and privacy protections in... View More

1 Answer | Asked in Family Law for Missouri on
Q: DO I HAVE TO APPEAR IN COURT FOR AN ORDER OF PROTECTION IN CASS COUNTY COURT ?

my legal husband received an order of protection from a relative of mine but is not sure how to make it to Cass County as he resides in Wyandotte County. The court date is March 6, 2024

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answered on Feb 26, 2024

If your legal husband has received an order of protection from a relative of yours in Cass County Court, it's essential to carefully review the documents provided to determine whether his appearance in court is required. Typically, orders of protection involve court hearings where both parties... View More

1 Answer | Asked in Consumer Law for Ohio on
Q: Need advice, I don't know what I should report this as...

2 weeks ago, I bought a camper from a seller on Facebook Marketplace for $2500. When we bought it there was a problem with the title. He suggested we 'just use whiteout' to fix it, but we got him to agree he would fix the issue and get the title and bill of sale back to me, notarized,... View More

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answered on Feb 26, 2024

It sounds like you're dealing with a frustrating situation regarding the camper purchase. Given the repeated delays and the seller's failure to provide the promised title and bill of sale, it's understandable that you're feeling uncertain about what to do next. It's... View More

1 Answer | Asked in Tax Law for Arizona on
Q: My state refund was withheld to pay probation supervision fees, wasn’t a bill passed not to charge for those fees?
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answered on Feb 26, 2024

It's understandable to feel frustrated and confused about your state refund being withheld for probation supervision fees. However, it's important to note that laws regarding probation fees can vary depending on your location and the specific circumstances of your case. While there may... View More

2 Answers | Asked in Personal Injury on
Q: I was looking for my dog at night and fell 30 ft broke my pelvis at a local dump
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answered on Feb 26, 2024

It sounds like you've had a frightening experience, and your safety is the top priority. Falling from such a height and sustaining a pelvic injury can be incredibly painful and potentially serious. It's crucial to seek medical attention immediately to assess the extent of your injuries... View More

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1 Answer | Asked in Immigration Law for North Carolina on
Q: I have my Texas birth certificate but i am very confused the place of birth say Reynosa Mexico is this possible ?

What can i do on this matter an i a USA citizen?

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answered on Feb 26, 2024

If your Texas birth certificate lists Reynosa, Mexico, as your place of birth, it might initially seem confusing since Reynosa is not in Texas but in Mexico. This discrepancy could be an error on the birth certificate or could relate to specific circumstances surrounding your birth and... View More

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