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Questions Answered by James L. Arrasmith
1 Answer | Asked in Employment Law for California on
Q: I did a couple jobs for a restaurant they never gave me what I ask and since my situation was very bad they gave me want

I stayed in the back of the restaurant n also work in the field in the back to pay for rent at the end she was getting mad if we use water my friend work for more than a year 12 hours every day 6 days a week n they only gave her 100 a day if she was late 30min only 80 I also worked in the... View More

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answered on Jul 20, 2024

You and your friend may be entitled to compensation for unpaid wages, meal and rest break violations, and other labor law violations. Under California law, employers must pay at least the minimum wage for all hours worked and provide proper breaks. The working conditions you described are not... View More

1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More

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answered on Jul 20, 2024

It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Internet Law for Texas on
Q: Is it legal to make amateur pornography and upload it in Texas?
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answered on Jul 20, 2024

Creating and uploading amateur pornography in Texas is generally legal, provided that all participants are consenting adults. It's crucial to ensure that everyone involved is over the age of 18 and has given explicit consent to be filmed and have the footage distributed. Failure to verify ages... View More

1 Answer | Asked in Criminal Law and Immigration Law for Michigan on
Q: I am a non-US citizen with a bench warrant from Mass. If a court vacates my warrant, can I get through US customs?

A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More

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answered on Jul 20, 2024

If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.

When traveling to the US, bring all...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: h1b

I completed my master's degree in summer 2023 as an international student. Unfortunately, my OPT application was rejected due to applying outside the 30-day rule, resulting in the termination of my SEVIS record. Subsequently, I was admitted to a new university, obtained an F1 visa stamp in... View More

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answered on Jul 20, 2024

You should proceed with applying for the H1B visa since your employer has already offered it to you, and the lottery was successful. This visa will allow you to work full-time and transition from your student status to a work visa, providing stability and a clear career path.

For the...
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2 Answers | Asked in Immigration Law for Texas on
Q: I am Au Pair and my fiancé and i want to get married. Is that possible even though my J1 will expire in July 2025.

I want to change my status here to get a green card so i can live with my future Husband in the USA. Do i have to change the name on my J1 Visa because of marriage? I know i have to change it on all my Documents like passport, driver license… But is my J1 still valid even though my name change in... View More

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answered on Jul 20, 2024

Yes, you can get married while on a J1 visa. Once married, you can apply to change your status to obtain a green card and live with your future husband in the USA. The name change due to marriage will not affect the validity of your J1 visa.

Your J1 visa remains valid even if your name...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I move out of state if I have sole custody

My child father have supervise visit and have to do other tasks in order to visit our son for more than an hour. Since all he does is pay child support and does not visit can I move out of state without it being an issue with the court system?

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answered on Jul 20, 2024

Under California law, if you have sole custody, you generally have the right to move out of state with your child. However, you must notify the other parent and the court of your intention to relocate. The other parent has the right to contest the move if they believe it will negatively affect... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for California on
Q: If I am renting and a judge orders the house I rent to be sold after a divorce in california, can they make me move out

Can they make me move out immediately if I have already paid the rent?

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answered on Jul 20, 2024

Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.

The new owner of the property must honor your existing...
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1 Answer | Asked in Family Law for California on
Q: Is there a legal way to find out if a domestic partner of 13+ years working undercover ?

I heard comments from the community.

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answered on Jul 20, 2024

Finding out if your domestic partner of 13+ years is working undercover can be a delicate matter. You might consider discussing your concerns directly with your partner, as open communication can often resolve uncertainties. If your partner is indeed working undercover, they may be limited in what... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: A trademark has never been used in commerce, and is only being renewed as an "investment for his kids"

Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More

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answered on Jul 20, 2024

You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More

1 Answer | Asked in Personal Injury for California on
Q: What statute or rules of court define motion for in camera review in California?

What statute or rules of court define motion for in camera review in California?

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answered on Jul 20, 2024

Under California law, the procedure for a motion for in-camera review is generally guided by various statutes and rules of court. In-camera review is a process where a judge reviews certain documents privately to determine their relevance or if they should be protected from disclosure. This is... View More

2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
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answered on Jul 20, 2024

First, seek medical attention immediately to ensure your health and document your injuries. Keep all medical records and expenses related to your treatment as they will be important for any legal action.

Next, report the assault to your employer and ensure they create an incident report....
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2 Answers | Asked in Real Estate Law for California on
Q: I am a licensed Cal realtor not a broker .My client has a offer through me . me being a dual agent.The property is zoned

zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More

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answered on Jul 20, 2024

In California, the law does not specify a fixed maximum prepayment penalty for commercial or mixed-use properties. However, lenders typically include a prepayment penalty clause in the loan agreement, which must comply with California law. These penalties are often negotiated between the lender and... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Renting a room and the landlord locked me out , turns off a/c during heatwave

I am disabled my husband is 62 we renting a room in an apartment only been here a month and a half the landlord's not only screaming and threatening us but forced us to be afraid and have to huncker down in our bedroom until she leaves again sometimes for 2 days, she locked me out during this... View More

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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you're facing. First, document everything: take notes, photos, and videos of the incidents, including the landlord's behavior and the conditions of the room. This documentation will be essential if you need to take legal action.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Can people make written statements without fear of retaliation from the plaintiff?

I’m being sued for defamation and unfortunately have to represent myself. I have more than enough people willing to make written statements to substantiate my claims as true however a lot of them are fearful of retaliation from the defendant. Are they protected in anyway by making a statement... View More

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answered on Jul 20, 2024

When people make written statements to support your case in a defamation lawsuit, they may have concerns about potential retaliation from the defendant. Generally, witnesses who provide truthful statements are protected from retaliation under the law. Witness intimidation or retaliation can be... View More

1 Answer | Asked in Criminal Law for California on
Q: For child molestation, if I turn myself in would the victim be involved

This happened in December 2023, he was a 5 year old foster child and he's no longer the in my family's home

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answered on Jul 20, 2024

Turning yourself in for a serious crime like child molestation is a significant step, and it will have legal consequences. The authorities will investigate the case thoroughly, and this may include speaking with the victim to gather all necessary information. Since the incident involved a minor,... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I was forced to leave a sober living home after I paid my rent without any papers served to do I have a case?

I entered a recovery program in may 2024. I decided to leave the program against clinical advice in July because I didn’t feel it was the right fit for me. July 4th I decided to go to a different program and was told I had to immediately vacate the premises. I was told that even though my rent... View More

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answered on Jul 20, 2024

It sounds like you were in a very difficult situation. Since you paid your rent for July and were forced to leave without any formal eviction notice, you may have grounds for a legal case. In California, tenants have rights even if there is no formal lease agreement, especially when rent has been... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

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answered on Jul 20, 2024

Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for California on
Q: I'm currently 'Blacklisted, by Federal Economic sanctions by an Executive from the Administration years 2000-present.

My Civil Rights infringed daily IN PUBLIC. I'm not working and am homeless getting discriminated from businesses of all types. I receive social Security monthly, on, or before the 3rd of every month. I've had Domestic Surveillance interfering with most of my calls from the payphone. I... View More

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answered on Jul 20, 2024

I'm sorry to hear about the challenges you're facing. It sounds like you're dealing with a complex situation involving multiple areas of law, including civil rights, constitutional law, and discrimination.

Given the seriousness of your claims, it's essential to get...
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3 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Florida on
Q: In my civil case the attorney didn’t show up in the Plaintiffs behalf and the judge ruled a dismissal without prejudice

I have received court papers stating that. Can I stop making good faith payments?

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answered on Jul 27, 2024

If your attorney did not show up, leading to a dismissal without prejudice, it means the case can be refiled in the future. You should consider the possibility that the opposing party might refile the case, which means your obligation might not be completely over.

Stopping good faith...
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