Lawyers, Answer Questions  & Get Points Log In
Questions Answered by James L. Arrasmith
1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: we ne help fast we dont have much time we got a unlawful detianer and they sold our house wrongfull i lived here for 20

we did to know how to fill and appial and sueing the bank

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

I highly advise that you speak to a qualified attorney as soon as possible to preserve your rights.

1 Answer | Asked in Landlord - Tenant for California on
Q: My rent is due on the 7th of the month. I offered my rent payment at the rental office and it was refused. The one ans

One answer I received is that I have "too many accounts" but they are low amounts and very few commercial accounts.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

A landlord must accept a "tender" of a rent payment. If you offered the rent payment on time, but the landlord refused it, then that is the landlord's problem. You cannot be evicted for nonpayment of rent if you can show that you timely tendered (that is, offered) the rent payment in full.

3 Answers | Asked in Criminal Law and Personal Injury for California on
Q: What are the laws against store employees touching you for shoplifting

I was shoplifting at a local grocery store. I walked out and immediately was grabbed from behind,pushed,cursed at,hit ,my personal belongings taken from me and they refused to give it back. They also destroyed my personal property and ripped my shirt. There were 2 bigger men and one woman and none... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

Generally, a person or company can use non-deadly force to defend their property. This can include restraining you. In addition, stores in California enjoy what is called "shopkeeper's privilege." Under California law, the principle of shopkeeper’s privilege permits shopkeepers (or... Read more »

View More Answers

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I went to ER with abdominal pain. Few days later I became blind. No history of eye condition and I'm not diabetic.

On April 10, 2022 I went to the ER with abdominal pain. I was treated and sent home. Two days later I developed a terrible migraine and pain in my left eye so I went back to the ER. Again, treated and released. Next day I went back to the ER with the same problem. That's when they decided to... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

I am very sorry that you have been through that. In California, if a hospital is negligent in its treatment of a patient, you can sue for monetary damages and recover a significant amount of money. This is called "medical malpractice." I would be happy to assist you with your case. Please... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: After one year I raised my tenant’s rent the San Diego’s allowed 9% and continued with a month to month agreement.

It’s been 7 months after raising the rent and we’re on a month to month agreement. The tenant just informed me their girlfriend with her service dog has been living with them the last 3 months and would like to add them to the lease. Can I request to draw up a new lease with the new additional... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

To play it safe, wait five more months until the 12-month period has elapsed so that you can raise the rent again.

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for California on
Q: Can a verbal lease agreement stand for a non-spouse of 30 years after the partner dies?

A man made a verbal commitment to his non-martial spouse of 30 years to allow her to live in his home that is willed to his daughter until she dies, free of charge. The daughter verbally agreed to this agreement with her father, but is now reneging. She is requiring the surviving non-marital spouse... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

A good theory of law that would likely apply is what is called "equitable estoppel."

"The venerable doctrine of equitable estoppel or estoppel in pais, which rests firmly upon a foundation of conscience and fair dealing, [fn. omitted] finds its classical statement in the...
Read more »

1 Answer | Asked in Civil Litigation for California on
Q: I have been locked out if my Google account without explanation. I have tried to contact Google in everyway to no avail.

Google has NO email, phone, chat or other way of being contacted. I contacted an expert. He gave me an alternative way to contact Google that is virtually unknown and possibly disabled. I've now tried that twice (see the message below). I have my life's work under that Google account.... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

No company is "too big" to sue.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Greetings. I am cashing out a life insurance policy. Life insurance company is requiring a small estate affidavit?

The insurance company says they need an affidavit to determine the new owner of policy. The owner of policy was the Estate of my Father, C/O myself and the insured is my son. On the affidavit who should be listed as successor(s), both my Son & I or one of us?

Thanks for your time.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

The small estate affidavit is a non-probate procedure to more easily transfer assets. You should mirror the affidavit with the testamentary disposition.

1 Answer | Asked in Animal / Dog Law and Municipal Law for California on
Q: Trapping cat on my property?

Hello, my neighbor's cat has been pooping on my property for years, they even litter on my outdoor furniture. I tried to talk to the neighbor but they refused to do anything about it and says that it might be a stray cat somewhere. So I decided to set a humane trap on my back yard. In the next... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

A lot of these animal laws are local and specific. Generally, you should have the right to set the trap on your backyard if the cat is routinely trespassing on your property. You have a right to quiet use and enjoyment of your home. Look at the local codes on animal control in your jurisdiction;... Read more »

1 Answer | Asked in Medical Malpractice and Small Claims for California on
Q: Expert report uncovered over-treatment in my ongoing dental malpractice claim. Can I file a new claim for those?

Alternatively, can I file a separate small claims for reimbursement (under 15K) while civil case is ongoing?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Small claims is capped at $10,000. You may be able to amend your original pleading to add the new claims. Filing a separate claim in small claims court may not work; the opposing party may make a motion to combine, i.e. "Join," the claims together to promote judicial economy.

1 Answer | Asked in Child Custody and Family Law for California on
Q: How can I get legal guardianship of my 5 yr old granddaughter? She is living with me & I am now sole provider for her.

Mom has been jail for 2 yrs fighting criminal case. Dad, my son, had stroke & in coma. She has been in his custody since born.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You can file a court action to obtain custody. Generally, there are constitutional protections that guarantee parents' rights to have custody of their children. (Troxel v. Granville 2000). However, if you can show a compelling circumstance to modify the custody arrangement, you may be able to... Read more »

1 Answer | Asked in Animal / Dog Law for California on
Q: If u post something on a website as found,do u have an obligation to allow the rightful owner to prove ownership?

After posting my dog as found on a public website, the finder is ignoring my request to prove ownership,is that legal?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Contact the person who found your animal. Make sure that it is in fact your dog and make sure that the finder gives the dog back to you.

1 Answer | Asked in Estate Planning for California on
Q: My question is complicated but maybe easy but hopefully someone of you can help me out or give me advice I’ll really app

I am only allowed 1 “weekend”a month (1st weekend of every month) which is not even a full weekend just one night and couple hours next day. We don’t have set schedule never communicates the time off pick up and drop offs. I either pick up or drop her off we each do one of the other was an... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You can file a motion to modify custody and justify it by the facts that you presented here.

1 Answer | Asked in Real Estate Law for California on
Q: landlord raised our rent March 1, and emailed us terms of a lease agreement, now wants the place back 4 months early.

They raised the rent, but want the place back 4 months ealry and served us a 60 notice without the proper terms. Are they required to compensate for the unused months?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Yes. When you have a fixed-term lease agreement, the landlord would owe you damages for breach of contract for early termination.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My storage was burglarized Sunday. I immediately reported to P.D. and Management. I pay insurance yet they have no info?

My unit was broken into Sunday morning as this was viewed on their security camera footage following day. I immediately reported to P.D. and Management of storage and waited for someone to show Sunday when I was locked in overnight with no emergency number to call to get out. After explaining this... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Demand that management give you the insurance company information. If not, you can sue and discovery that information during "discovery."

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I get wage garnishments stopped can't afford the 500.00 they take a month

Got evicted 4 years ago balance owed 4000.00 2 years ago they garnished my wages for approximately 3000.00 I changed jobs then this year they garnishing husband's wages as of today they have been paid 3200.00 they say balance owed is 2500.00 more we can't afford the 500.00 a month they... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You may be able to file for bankruptcy to get your debts discharged.

1 Answer | Asked in Uncategorized for California on
Q: Can men with man parts stay with woman in in a dorm in a coed shelter?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

That would entirely depend upon the terms and conditions of the co-ed shelter.

1 Answer | Asked in Civil Litigation for California on
Q: My father in law passed away. The landlord emptied the house prior to my husband being notified of his death.
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

The landlord would need to notify the beneficiaries and give time for the beneficiaries to claim the property.

1 Answer | Asked in Divorce for California on
Q: When does spousal support time window start if there is a huge difference in the time of separation and case filing?

When does spousal support time window start if there is a huge difference in the time of separation and case filing?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

The court generally does take this situation into consideration. If the spouse has supported themselves all this time, what is the need for support now? It is one factor that the court considers.

1 Answer | Asked in Divorce for California on
Q: Who is responsible in making the mortgage payment in a divorce
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Both are responsible for sharing in the debts. However, you can ask the court to make one side pay for it as part of a support order or to make sure that you have a place to stay.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.