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Questions Answered by James L. Arrasmith
1 Answer | Asked in Real Estate Law for California on
Q: In the middle of the month, we got 60 day notice to vacate. When do we have to be out? 60 days from next rent due?

We received notice dated 10/12. No fault/no cause. Does the 60 day period start with next rent payment on November 1st? Or 60 days from date on the notice?

James L. Arrasmith
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answered on Oct 14, 2022

60 days from 10/13/2022 - the day after you received the notice.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How do I request for modification of criminal protection order as the victim I want defendant to wear ankle monitor?

The DA will not respond to my emails I have begged for help. My attacker will come after me when released from CDCR. I will become un-homed to protect my parents from any more danger

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answered on Oct 14, 2022

You can seek a remedy in civil court under either a DVRO or a CHRO. You can specifically ask for such a request. However, no guarantees on the judge signing off on it, but can be worth a shot.

1 Answer | Asked in Bankruptcy and Collections for California on
Q: Can I sue for the loss of my belongings ? Car was repossessed and all my belongings were taken and lost after recovery
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answered on Oct 14, 2022

Likely, yes. Repossession of vehicles is regulated under California law. They cannot just take your property or destroy it.

1 Answer | Asked in Contracts for California on
Q: My fiance will not give me the money that I put into his account through auto pay at our job we both signed consent
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answered on Oct 14, 2022

California is a community property state. However, since this is your fiance -- and not your spouse -- then California community property laws would not apply. Your remedy would be for breach of contract or promissory estoppel.

1 Answer | Asked in Estate Planning for California on
Q: How does someone collect property left to them in a trust?

The deed wasn't transferred from amended trust. I was misrepresented and no one went to the court date on my behalf. My lawyer didnt tell me about the property or IRA accounts I inherited. The accts. We're opened in 2016 and I found out this year. The bank keeps lying to me and continues... Read more »

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answered on Oct 8, 2022

Contact the trustee. If they are not doing their jobs, you can petition the court to make them do their job.

2 Answers | Asked in Consumer Law, Contracts, Business Law and Internet Law for California on
Q: Can I get in legal trouble for fees that I was not aware of and did not agree to?

I believe I have been scammed by Nutex, a crypto app. I tried to withdraw 1400 and they told me to pay 1400 as a safety deposit to comply with laws and it would be paid along with my initial investment. I did in my foolishness. They then told me I needed to pay 2000 to process it because it was... Read more »

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answered on Oct 8, 2022

Seems like a scam to me as well.

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1 Answer | Asked in Landlord - Tenant for California on
Q: During shelter in place our landlord sold the building and kicked us out, did not pay us to relocate? is that legal?

this is in oakland ca in rent controlled building.

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answered on Oct 8, 2022

Seems illegal given the fact pattern. However, please note that there are statutes of limitations to these claims, so I strongly advise you to seek an attorney right away to assist you.

2 Answers | Asked in Employment Law and Civil Rights for California on
Q: I filed a complaint with the DFEH against a company that posted a job listing on Indeed. “No Felonies “ was listed.

I meet all other requirements, including 2 Security clearances. What should expect the outcome to be?

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answered on Oct 8, 2022

You can also file a lawsuit against the prospective employer.

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1 Answer | Asked in Contracts and Real Estate Law for California on
Q: Can landlord give out information if I'm behind on rent to family members who are not in the lease or living with me?

I share living expenses with my mother and both of us are on the lease. Can landlord give out information to A family member that's not on lease or lives in the home?

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answered on Oct 7, 2022

Generally, yes. We have a right to free speech -- including landlords and corporations. That said, if it is a false statement of fact, it could be defamation.

2 Answers | Asked in Landlord - Tenant for California on
Q: I have been sent from interrogatories for an unlawful detainer as well as a first set of special interrogatories and

And a first set of requests for admissions by the attorney for the plaintiff. I need help please!!

James L. Arrasmith
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answered on Oct 7, 2022

Please contact my office for assistance - we would be happy to help.

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: How can I remove a squatter from my uninhabitable garage?

I have someone squatting in my garage, it is not habitable. I told her she could rent the space to do online Webcam but that she couldn't live there, she's now been living in it for a month. This is a code enforcement issue, she's also doing drugs, has I violent dog, and has... Read more »

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answered on Oct 7, 2022

Illegal evictions are not allowed in California. You must go through the proper channels to obtain an eviction. That being said, the tenancy itself is illegal due to the garage not being a habitable structure.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: If my tenants door is damaged but they don't want it repaired can I still remove it to repair it?

If I can remove it, do I have at least 24vhrs to replace it?

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answered on Oct 7, 2022

Yes, you may enter the premises to make necessary repairs. You must give a reasonable amount of notice prior to entering. 24 hours' worth of notice is presumed to be reasonable notice.

2 Answers | Asked in Family Law and Child Custody for California on
Q: How to go about letting my kid

How to go about letting my kids step mom have my daughter. Father is incarcerated. But don’t want to fully sign my rights over but also don’t want them to come after me for child support (father hAs not provided any support and she’s 9). They just want paperwork to be able to enroll her in... Read more »

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answered on Oct 7, 2022

You can grant her temporary guardianship.

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1 Answer | Asked in Employment Law for California on
Q: hi. so i was on my 3rd day of a new job when they shut down due to the pandemic . (the beginning )

i was told to apply for unemployment and i did but i didn't qualify, ended up loosing my place and became homeless. still am . didn't hear about PUA til recently. so missed out on it. still affecting me since I'm still homeless with my child. is there any way that i can get that... Read more »

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answered on Oct 7, 2022

Unfortunately, likely not. The PUA program expired. I would recommend speaking with an experienced public benefits attorney to make sure, though.

2 Answers | Asked in Business Law, Civil Rights, Contracts and Education Law for California on
Q: I have been a victim of false advertisement, breach of contract, discrimination, and negligence at my cosmetology school

Contract was breached 2 weeks after I started school, the school falsely advertised many things on there website and handbook that were never delivered. Additionally the school has discriminated against people with textured hair as well as students of color. All of which can be supported with photo... Read more »

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answered on Oct 7, 2022

It seems like you have a great case. I would be happy to help you.

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for California on
Q: How have my father charged with molesting my child.

How do I get the courts to charge my father with touching my child before and during him having guardianship in Nevada. Me and daughter currently live in cali and he now lives in Utah. I won getting the guardianship terminated June 2019 shortly after her returning home I knew something was off... Read more »

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answered on Oct 7, 2022

Private citizens cannot prosecute crimes. However, you can speak with the police department and the prosecutor (DA) and ask them to prosecute the crime.

1 Answer | Asked in Divorce and Family Law for California on
Q: How do I transfer a case to kings county and have the other party served filed in Merced have be told it will be

Dismissed due to her not being found she lives in Lemoore,CA but I don’t know her physical address

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answered on Oct 7, 2022

You can do a motion to transfer venue and have it granted upon a showing of good cause.

1 Answer | Asked in Landlord - Tenant for California on
Q: Do I have a major case?

Slumlord case seeking $25k+

Case facts:

Gas shut off and forced to live without heat, hot water, and stove from Nov 2021 until Jul 2022

Retaliation/wrongful eviction disguised by owner move-in

Defamation; harassed through unlawful detainer until move out. Landlord... Read more »

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answered on Oct 7, 2022

Sounds like a good case to me.

1 Answer | Asked in Landlord - Tenant for California on
Q: Hi, I rent out a room within the landlords house. She went on vacation and installed cameras In the living room, kitchen

And hallway pointed to my door and bathroom without my consent. I wasn’t notified that house was being recorded and since she was on vacation and I’m the only other tenant, I walked out of room without being fully dressed to enter my bathroom, and grab something from kitchen. She then, after... Read more »

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answered on Oct 4, 2022

You likely have a case for invasion of privacy. You have the right to be free from intrusions onto your privacy, and the installation of cameras inside of the private areas in your home would give rise to a valid claim.

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I respond to a letter the landlord sent with allegations that are exaggerated and ill-founded?

he wrote that I created a scene involving other homeowners and office staff. This is not true. how do I deny these allegations?

James L. Arrasmith
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answered on Oct 4, 2022

You can respond with a counter-letter denying the allegations and providing as much evidence as you can to disprove the allegations. A good attorney can write one on your behalf; or, if you chose to do it yourself, there are templates online that you can find.

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