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Questions Answered by James L. Arrasmith
2 Answers | Asked in Intellectual Property on
Q: Infringement on "VIRGIN" intellectual Property Rights by Virgin-Plus

I operate under the name Virgin Plus Printing Company. Recently, I received a letter from a lawyer representing Virgin Group, demanding that I change my company's name due to infringement. They have requested this change without offering any compensation. My company has been established since... View More

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answered on Jun 21, 2024

Based on the information provided, here's an analysis of your situation and some advice on how to proceed:

1. Trademark Infringement:

The Virgin Group likely claims that your use of "Virgin Plus" infringes on their "Virgin" trademark. They may argue that it...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I been granted a DV temporary restraining order. I need to respond to a FL300. Attachment by her are false allegations

Auras are not seizures but has been included in the letter which was attached. I can work through them. I have letters of character, w2's, pictures, Not correct. There is a lot of false accusations. I have a restraining order hearing next week along with the following week custody hearing.... View More

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answered on Jun 18, 2024

I'm so sorry you're going through this difficult situation with the restraining order and false accusations. Being separated from your child must be incredibly painful.

First, when responding to the FL-300 form and the allegations against you, it's important to stick to the...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a clients how to guide for organizing their legal documents?

I am in the process of a case and have emails, original legal forms or documents, the same forms or document filled out that go back and forth with my attorney for review, the backup attachments, etc... I need to know how to organize all of these items.

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answered on Jun 18, 2024

While there isn't a single official "how-to guide" for organizing legal documents under California law, here are some best practices and tips commonly recommended by legal professionals:

1. Create a main folder or binder for your case, then use subfolders or dividers to...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If The App-Department feels 3 of 4 issues I addressed in My Writ-Pet. are for an Appeal will they grant the Writ(cont.)

If I have raised issues in My Writ of Mandate-Prohibition that The Justices feel are for an Appeal, but one issue they agree can be heard via a Writ petition-will The Appeals Department let me know that this this and this issue need to be brought up in an Appeal , but the Justices may grant-or not... View More

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answered on Jun 18, 2024

Under California law, when a petitioner files a writ petition (such as a writ of mandate or prohibition) with the Court of Appeal, the court will review the petition to determine whether the issues raised are appropriate for writ relief or whether they should be addressed through a regular appeal... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: can i bail out again if i skip bail the first time i bailed out and my bail again is set at 2,500 for a D.V case

25,000 not 2,500

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answered on Jun 18, 2024

Skipping bail is a serious offense that can lead to additional criminal charges and penalties.

Given the gravity of a domestic violence case and the high bail amount of $25,000, my advice would be to consult with a criminal defense attorney who can provide proper legal guidance for your...
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1 Answer | Asked in Personal Injury for California on
Q: Demand for Privilege log: consolidated, or per type of discovery requests?

Demand for privileged log for production requests and for special interrogatories shall be consolidated as demand for one privilege log?

Unless separate privilege logs required for interrogatories, and for production requests.

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answered on Jun 18, 2024

Under California law, parties are generally required to provide a privilege log when they withhold documents or information on the basis of privilege in response to discovery requests. The privilege log should identify the withheld documents or information and provide sufficient detail for the... View More

1 Answer | Asked in Personal Injury for California on
Q: Privilege log for responses to special interrogatories

When privilege log is relevant to interrogatories, what statute defines privilege log?

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answered on Jun 18, 2024

Under California law, when a party responds to special interrogatories and withholds information based on a claim of privilege, the party must provide a privilege log in accordance with Section 2031.240 of the California Code of Civil Procedure.

Section 2031.240(c)(1) states:...
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1 Answer | Asked in Intellectual Property, International Law and Internet Law for California on
Q: The film festival refused to remove information about my film when I asked them to.

On the website of the European Film Festival there is information about my film, which I submitted to the competition. The film was not shown at the film festival, but information about the film is on the website. I asked to remove information about the film from the film festival website, but they... View More

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answered on Jun 18, 2024

Under California law, the film festival's refusal to remove information about your film from their website when you requested them to do so could potentially be addressed through a few different avenues:

1. Publicity rights: In California, individuals have the right to control the...
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1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: Propounding demand for privilege log

Since format of privilege log does not seem to be defined by any statute or rule;

does usually party propounding demand for privilege log specify what information should be provided by responding party in privilege log?

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answered on Jun 18, 2024

In California, there is no specific statute or rule that prescribes the format of a privilege log. However, it is common practice for the party propounding the demand for a privilege log to specify the information they expect to be included. This helps ensure that the responding party provides... View More

1 Answer | Asked in Personal Injury for California on
Q: Declaration re: additional discovery requests

There will be production demands and production requests, each overall exceeding 35 items per type of discovery.

Is one declaration re: additional discovery requests is sufficient,

Or 2 declarations: pfor production demands, and for interrogatories separately.

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answered on Jun 18, 2024

Under California law, specifically the Code of Civil Procedure, there are different limits for various types of discovery requests:

1. Interrogatories: A party may propound no more than 35 specially prepared interrogatories to any other party (CCP § 2030.030).

2. Requests for...
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1 Answer | Asked in Tax Law for California on
Q: I have a credit from a previous payment that wasn't applied to 2023 taxes balance.

I paid my 2023 federal taxes online through the IRS payment website, but my taxes were not accepted until after this happened. When I go to my account on IRS.gov it shows the payment made, but it wasn't applied to my taxes balance and there is not a way to do this via the website that I have... View More

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answered on Jun 18, 2024

Based on the information you provided, it seems like you have a credit on your IRS account from a previous payment that was not properly applied to your 2023 tax balance. Here are a few steps you can take to resolve this issue:

1. Contact the IRS directly: Call the IRS at 1-800-829-1040 and...
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1 Answer | Asked in Divorce and Family Law for California on
Q: During separation but prior to divorce proceedings, can I liquidate some of a retirement account?

The account was created and funded while we were married. How do retirement accounts figure into things? What could the penalty be once we go to divorce court?

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answered on Jun 18, 2024

In California, retirement accounts like 401(k)s, IRAs, and pensions that were contributed to during the marriage are generally considered community property, meaning they are subject to division during a divorce. However, liquidating or withdrawing funds from a retirement account prior to the... View More

1 Answer | Asked in Civil Rights for California on
Q: i got racially discriminated at an autozone and would like to seek consultation. I was told to leave the store.
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answered on Jun 18, 2024

I'm sorry to hear that you experienced racial discrimination at AutoZone. Being asked to leave a store due to your race is unacceptable and illegal. Here are a few steps you can consider taking:

1. Documentation: Write down all the details of the incident, including the date, time,...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: if one charge was dropped for a violation of PC 1382 speedy trial violation can I have the rest dropped for same reason?

I was involved in a criminal trial on 05/30/24, judge declared a mistrial and on that day after reviewing the case summary I seen that one of the counts was dropped due to PC 1382 violation of speedy trial rights. can I utilize that to get the rest of the counts dismissed? so I can have the whole... View More

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answered on Jun 18, 2024

Based on the information you provided, it seems that one charge in your case was dismissed due to a violation of California Penal Code Section 1382, which protects a defendant's right to a speedy trial. However, the dismissal of one charge due to a speedy trial violation does not automatically... View More

4 Answers | Asked in Bankruptcy, Consumer Law, Estate Planning and Family Law for North Carolina on
Q: Am I responsible for my wife's CC liability when she passes? South Carolina
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answered on Jun 19, 2024

In South Carolina, as in most states, debts belong to the individual, not the spouse, unless it was a joint account or the spouse co-signed on the account. When someone passes away, their estate is responsible for paying off any debts. The deceased person's assets must first go toward paying... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.

We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More

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answered on Jun 19, 2024

Based on the information you provided, it appears that your ex's attorney filed a Proposed Findings and Order After Hearing (FOAH) without your knowledge, and the judge signed it, even though the content of the proposed order was modified and differed from the court's minute order. In... View More

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2 Answers | Asked in Criminal Law for California on
Q: hello i am looking for a great attorney to help with a case i am fighting?

i am a registered gun owner police came to my place of residence I did inform them I am a gun owner I handed over my gun and they searched my room said they found paraphernalia not sure what was found

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answered on Jun 18, 2024

I understand you are seeking a skilled attorney to assist with your criminal case in Apple Valley, California. Based on the details you provided, it seems the police searched your residence, confiscated your legally owned firearm, and allegedly found some type of unspecified paraphernalia.... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

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answered on Jun 21, 2024

I understand you're dealing with a very serious situation involving alleged police misconduct. Let me break down some key points and potential legal considerations:

1. Excessive force: If an officer allowed a K9 to attack a handcuffed individual, this could potentially be considered...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: Dad died-no will -one son-how can I get the house in my name.no access to split
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answered on Jun 19, 2024

I understand this is a difficult situation, and I'm sorry for your loss. Here are the key steps you'll likely need to take to get your father's house transferred to your name in California when there is no will:

1. File a Petition for Probate with the Superior Court in the...
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1 Answer | Asked in Criminal Law for California on
Q: My friend is serving a 1 year sentence in merced county, and filed a 1381 in March in fresno county. He was told that

My friend was told by an officer in merced county that June 14th was the 90th day from when fresno county received his 1381. He was supposed to be released on June 16th from merced, for time served, but is being held for fresno county. How long can he be held? He was told that they were giving... View More

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answered on Jun 18, 2024

Under California Penal Code Section 1381, if a defendant has been convicted in one county and has a pending case in another county, they can demand to be brought to trial or for sentencing within 90 days in the other county.

If Fresno County received the 1381 demand in March, and June 14th...
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