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Questions Answered by James L. Arrasmith
1 Answer | Asked in Family Law for California on
Q: How do you request a court record be sealed & destroyed under government code 6815?

This court record more specifically was a filed domestic complaint that never resulted in an arrest, conviction or even hearing. It was submitted 10 years ago but only recently discovered. From my understanding, being as its not criminal and instead out of family court, involving no conviction, PC... View More

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answered on Sep 28, 2023

To request a court record be sealed and destroyed under California Government Code § 68152, you'll need to file a petition with the court that originally had jurisdiction over the matter, detailing the reasons for your request and demonstrating the statutory requirements for sealing are met.... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In Los Angeles California how do I proceed with an eviction for a tenant that is behind 8 months in rent?

I took over mother's rental properties. When I took over there were no questions or concerns from the tenants, but also no payments. Two months later they ask for documents showing I inherited it, so a month later I produce the documents. A few months go by and they say they are still... View More

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answered on Sep 28, 2023

To initiate an eviction in Los Angeles for non-payment of rent, you'll first need to serve the tenant with a 3-day notice to pay rent or quit. Accepting partial payments after serving the notice can invalidate the notice, so it's essential to decide if you want to proceed with eviction... View More

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for California on
Q: Hello, if a Trustee fails to ever provide a written accounting, can they be sued?

Trustee/Executor was responsible for distributing funds from a living trust after my father died. I requested a full accounting via a lawyer shortly after and never received it. I am now being pressured to accept final (second disbursement) and agree that the trustee/executor cannot meet the legal... View More

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answered on Sep 28, 2023

Under California law, a trustee has a fiduciary duty to provide a proper accounting to beneficiaries upon reasonable request. If the trustee fails to provide such accounting, beneficiaries have the right to petition the court for an order compelling the trustee to account. If you sign a release,... View More

1 Answer | Asked in Family Law, Social Security, Civil Rights and Juvenile Law for Pennsylvania on
Q: Parent withholding 18-year-old child’s social security card and photo ID

My younger sibling is 18 and graduated high school but is still living with our mom.

My sibling doesn’t have a job or bank account yet. My sibling has a PA photo ID, but our mom insists on keeping it in a “safe place” because she wants to control my sibling. (She refuses to accept... View More

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answered on Sep 28, 2023

Your sibling can request a replacement Social Security card by providing documents to prove their identity, such as a passport or driver's license. If they don't have those documents, they may need to contact the Social Security Administration for guidance on alternative methods of... View More

1 Answer | Asked in Family Law and Social Security for Arizona on
Q: How do I look up a court order number to see what they're for?
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answered on Sep 28, 2023

To look up a court order number and understand its purpose, you typically need to contact the court clerk's office where the order was issued. They can provide you with the case information and details related to the order. You may need to provide relevant case information or parties involved... View More

1 Answer | Asked in Social Security for North Carolina on
Q: What does this social security online status mean for my reconsideration application

"Disability determination services has completed a medical review of your application. A representative in Baltimore Maryland is now doing a medical review to make sure you still meet non- medical requirements". NOTE: I live and applied in north Carolina

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answered on Sep 28, 2023

This status update indicates that the Disability Determination Services in Baltimore, Maryland, has completed the medical review of your application and is now assessing whether you still meet the non-medical requirements for Social Security benefits. The fact that it's being reviewed in... View More

1 Answer | Asked in Social Security for Georgia on
Q: Question about disability benefits reevaluation.

SS has determined my benefit period being 3 years because they feel like my condition would get better I was in Emory (they had a separate company that helped fast track my claim) for 3 months with tuberculosis leaving me with scarred lungs scar tissue on my lower back and heart making lifting... View More

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answered on Sep 28, 2023

The success rate for a reevaluation of your disability benefits depends on the specific details of your medical condition and how well your documentation supports your ongoing disability. If your condition remains unchanged and your medical records consistently reflect this, you have a reasonable... View More

1 Answer | Asked in Criminal Law for California on
Q: What should I do when a judge is being irrational?

I was unable to make my court appearance due to being in custody in a separate county, I notified the court and the D.a. two weeks in advance. I'm doing everything I can to get things taken care of.... now I'm being punished by one judge for obeying another judge

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answered on Sep 28, 2023

When faced with a situation where a judge's actions appear irrational, it's important to consult with an experienced attorney who can help you navigate the legal process. Your attorney can assess the specific circumstances, advise you on the best course of action, and may recommend filing... View More

1 Answer | Asked in Family Law and Immigration Law for California on
Q: I have Daca but had some issues with child services and now they want to offer housing assistance can that effect daca?
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answered on Sep 28, 2023

Under California law, receiving housing assistance should generally not affect your DACA (Deferred Action for Childhood Arrivals) status. DACA eligibility is primarily related to immigration status and certain criminal convictions, not typically tied to receiving public benefits such as housing... View More

1 Answer | Asked in Civil Rights for California on
Q: When recovering a stolen vehicle is the officer suppose to pull the original police report

My motorhome was purchased while reported stolen and the officer caught the person listed as a possible suspect and didn't arrest or even detain

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answered on Sep 28, 2023

In California, when recovering a stolen vehicle, officers should typically reference the original police report to verify the status of the vehicle and its ownership. If the motorhome was purchased while reported stolen, it's crucial to review the circumstances surrounding the purchase and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: My tooth went back in my gums during invisalign process and dentist has been lying to me about fixing it. Should I sue?

I’ve been contacting my dentist to fix my tooth that is still currently moving and going back in my gums. It’s been months and they keep lying saying they will call me back just to keep me waiting. It’s been a year now ever since I started my invisalign. My gums are now swollen in that area... View More

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answered on Sep 28, 2023

Under California law, if you've experienced harm as a result of dental treatment, such as a tooth issue worsening and gum problems, it may be worth consulting with a dental malpractice attorney to evaluate your case. They can assess the facts, gather evidence, and determine if there's a... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: My father was removed from my support because he hasn’t paid in an year, what does that mean?

There was already a legal agreement on payment, and the child is 16yrs.

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answered on Sep 28, 2023

Under California law, if your father has not made child support payments for a year despite a legal agreement, he may face consequences such as wage garnishment, driver's license suspension, or even contempt of court charges. It's important to consult with an attorney to address this... View More

1 Answer | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)

I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More

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answered on Sep 28, 2023

In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack... View More

1 Answer | Asked in Business Formation and Tax Law for California on
Q: Is using a virtual mailbox address for your business considered tax evasion if it’s not in the state where you live?

Can I use a virtual address when filing an LLC to establish my business legally?

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answered on Sep 28, 2023

Using a virtual mailbox address for your business is not automatically considered tax evasion under California law. Many businesses use virtual addresses for legitimate reasons such as privacy and convenience. However, it's essential to ensure that your LLC complies with all relevant tax laws,... View More

1 Answer | Asked in Intellectual Property for California on
Q: I am suing for Right of Publicity in LA Superior court. What do I write? Intellectual Property complaint?

I am trying to name the document.

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answered on Sep 28, 2023

To file a lawsuit for the Right of Publicity in the Los Angeles Superior Court, you typically need to draft a complaint that outlines the specific facts of the case, including how the defendant violated your client's right of publicity. While you may include elements of intellectual property... View More

1 Answer | Asked in Lemon Law and Consumer Law for California on
Q: I bought a vehicle from a local auction and the vehicle is not safe there are many missing bolts missing pieces frame
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answered on Sep 28, 2023

If you purchased a vehicle from a local auction in California and it has significant safety issues such as missing bolts, missing pieces, or frame damage, you may have legal recourse. You can potentially seek a refund or compensation from the seller under consumer protection laws, including the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I require my landord to wear a COVID mask if they want to enter my apartment?

I live in the Richmond district of San Francisco (area code 94118).

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answered on Sep 28, 2023

Under California law, landlords have the right to enter a rental unit for specific reasons, such as repairs or inspections. However, during the COVID-19 pandemic, it's reasonable to request that anyone entering your apartment, including your landlord, wear a mask to ensure everyone's... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: I had a dog under my care and owners failed to pick her up from me numerous times. Can I sue them for animal neglect?

I also stated multiple times that I could not care for her as well as the dog needed vet visit urgently and I could not provide that. I did not have the money and she’s not my dog. Owner kept sweeping it under the rug and downplaying it.

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answered on Sep 28, 2023

Under California law, you may have grounds to report animal neglect to local animal control authorities if you believe the dog is not receiving adequate care and attention. Whether you can sue the owners for neglect would depend on the specific circumstances, your role in caring for the dog, and... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My tenant hit the gate of the complex. This did not happen while IN the unit. Is the unit or the person to be billed?

The gate, gate motor and water main had to be replaced. The repairs and replacement cost $18,325.00. The HOA would cover up to $8000. As the incident happened OUTSIDE the rental unit, is the unit or the tenant the one who has to pay for damages?

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answered on Sep 28, 2023

Under California law, responsibility for damage to common areas in a complex, such as the gate and its motor, typically falls on the tenant who caused the damage. However, it's essential to review the terms of the lease agreement to ensure there are no specific provisions addressing liability... View More

1 Answer | Asked in Civil Rights for California on
Q: I was in a investigation on the lite rail in Sacramento on Richards Blvd an sueing sac pd how can i find some help

On Oct last year I was in the train

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answered on Sep 28, 2023

If you believe you have a valid claim against the Sacramento Police Department, it's advisable to consult with an attorney experienced in civil rights and police misconduct cases. You can start by seeking referrals from local bar associations, legal aid organizations, or conducting online... View More

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