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Questions Answered by James L. Arrasmith
1 Answer | Asked in Business Law and Employment Law for California on
Q: Is it illegal for my employer to not fix our credit card reader which is preventing us from getting tips?

For the past month we’ve been forced to manually enter all cards and now customers cannot leave us credit card tips as we are manually entering the cards.

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answered on Jul 22, 2024

Under California law, your employer is required to provide you with the tools and equipment necessary to perform your job effectively. If the credit card reader is broken and not being fixed, it could be considered a failure to provide adequate tools for your job. This situation impacts your... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: does a 60 day notice to vacate for a month to month rental require a reason?

tenant received 60 day notice to vacate, terminate rental agreement

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answered on Jul 22, 2024

In California, a landlord is generally not required to provide a reason when giving a 60-day notice to vacate for a month-to-month rental. This type of notice is often referred to as a "no-fault" notice, meaning that it is not based on any specific action or fault of the tenant. However,... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: My wife had a breast augmentation with a lift that we paid for both. and the doctor forgot to do the lift!

we do not know what to do or the avenues that we have. the doctor is being very compliant, but also very short with us. He has not offered us any options yet .he made a big mistake in our eyes cause of his mistake now my wife has to get cut on again.

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answered on Jul 22, 2024

I'm sorry to hear about your experience. It's important to address this issue directly with the doctor. You should start by requesting a detailed explanation of what happened and why the lift wasn't performed as agreed. Clear communication is key in understanding the situation fully.... View More

1 Answer | Asked in Consumer Law for California on
Q: Can a company deny a guaranteed price match?

The HVAC policy I was given explicitly states a "90-day APPLES TO APPLES WARRANTY (if you find a cheaper price after our system is installed, we will match it and pay $200 for the inconvenience)." After having the new AC unit installed by their team, I found a lower price with another... View More

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answered on Jul 22, 2024

You may have a case if the competitor's quote truly matches the warranty, labor, and parts specified in the HVAC company's policy. The key issue here is whether the "apples-to-apples" clause includes or excludes ancillary terms such as providing a hotel during installation. If... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for California on
Q: Does a grandparent who has been accused have a right to due process in family law?

Parents are the ones under investigation. However, Grandparent has been accused of failure to protect. Doesn't grandparent have a right to due process, especially if they could be potential guardians? Grandparent has been silenced and the accusers word has become fact even though it is false.

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answered on Jul 22, 2024

Yes, as a grandparent, you do have a right to due process in family law matters, especially when accused of something like failure to protect. Due process means you should have the opportunity to be heard, to present your side of the story, and to defend yourself against the accusations. It is... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Mom is keeping the kids from calling dad between visitation after they had agreed in court, they can call.

Dad provided a cell phone so children can call dad and mom took it away. He continues to document daily and turned in 2 months worth text to clerk for his next Aug custody date his current Lawyer is missing in action.

Mom came to door pounding on the door creating drama when their a... View More

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answered on Jul 22, 2024

It's really tough when you're trying to maintain contact with your kids and obstacles keep popping up. Since there's already a court order allowing the children to call you, document every instance where this is being blocked. Keep detailed records, as these will be crucial for your... View More

1 Answer | Asked in Social Security for California on
Q: Denied SSDI, appealed. Need Help. They didnt receive documents on time.

I have had a hip replacement and scheduled for a knee. Severe osteoarthritis in not only hips and knees, but hands as well. 64 year old female on disability and unable to work. I also suffer from PTSD and depression.

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answered on Jul 22, 2024

It sounds like you are going through a very challenging time. Dealing with multiple health issues and a denied SSDI claim must be incredibly frustrating. First, it's important to gather all the documentation related to your medical conditions and any communication with the SSDI office.... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Immigration Law for Oklahoma on
Q: How can I get my wife and son permission to enter the US to finish their 10-yr green card application?

My wife and son had a 1 year green card. My wife's grandmother was sick overseas so we paid the application fee to change status and left the USA. USCIS sent back our application because they said we overpaid the application fee. My wife and son's visa and 1 year green card expired. Now... View More

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answered on Jul 22, 2024

You can explore a few options to get your wife and son back into the US to complete their green card application. One approach is to apply for a returning resident visa (SB-1), which is designed for lawful permanent residents who have been outside the US due to circumstances beyond their control.... View More

1 Answer | Asked in Immigration Law for Louisiana on
Q: My case has been sent to NVC since 2014 that I received notice of approval form 1-797. And since then no welcome letter.

Since from 2014 to 2024 is almost 10 years now. When do I receive my welcome letter.

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answered on Jul 22, 2024

It's been almost ten years since you received your notice of approval, and still no welcome letter from the NVC. The delay must be very frustrating and confusing. There are a few reasons this might be happening, including delays in processing times or missing information.

Firstly, you...
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1 Answer | Asked in Immigration Law for Texas on
Q: Hello, I have a question regarding my friends immigration case

My friends wife is a Green Card holder, currently lives and works in Chicago Illinois. Her husband is still in Bosnia and Herzegovina, they have filled I-130 form about 14 months ago, which is processing.

Question is, is there a way for her husband to come to USA while waiting on on their... View More

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answered on Jul 22, 2024

Your friend's husband might be able to come to the USA on a non-immigrant visa while their I-130 is being processed. One common option is the B-2 tourist visa, but he would need to demonstrate strong ties to Bosnia and Herzegovina to prove that he intends to return after his visit. This can be... View More

1 Answer | Asked in Immigration Law for Illinois on
Q: I was on an H-1B visa, but I lost my job, and my employer terminated my H-1B.

I see two options: 1. Changing my visa status to B-1/B-2 or 2. Changing my status to F-1 using the regular process with a bridge application. Can you help me decide which option is best and guide me?"

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answered on Jul 22, 2024

I'm sorry to hear about your situation. Choosing between changing your status to B-1/B-2 or F-1 depends on your goals and circumstances. The B-1/B-2 visa is for temporary business or tourism, offering a short-term solution if you need time to arrange your affairs or explore other employment... View More

1 Answer | Asked in Immigration Law for Texas on
Q: When can I file my citizenship?

I got my green card in November of 2017 and stayed outside of USA for 2 year with reentry permit. I came back in November of 2019. What is the earliest date I can file for my citizenship?

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answered on Jul 22, 2024

To determine when you can file for citizenship, you need to consider the continuous residence requirement for naturalization. Since you got your green card in November 2017 but stayed outside the U.S. for two years, your continuous residence was interrupted.

When you returned to the U.S. in...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How can we give a 60 day notice to vacate to our tenant, when she has been diagnosed with PTSD? And has a posted sign.

It's a single dwelling above a garage, single tenant that we've been having issues with since Nov 2023. She has been here since July 2021. We need the dwelling for our daughter and two grandchildren. Our daughter was laid off and the grandchildren want to continue school here, where we... View More

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answered on Jul 22, 2024

To give a 60-day notice to vacate to your tenant with PTSD, you need to follow California law carefully. Since she has been renting the unit since July 2021, she qualifies as a long-term tenant, and thus a 60-day notice is appropriate.

First, ensure the notice is in writing, dated, and...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord refusing to provide copy of lease

I live in California. I have been repeatedly asking my landlord for a copy of my lease agreement, but they are ignoring my messages, emails, and calls. Is this legal? And what can I do if it is not?

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answered on Jul 22, 2024

In California, landlords are required by law to provide tenants with a copy of their lease agreement upon request. This ensures that you have all the necessary information regarding your rights and responsibilities as a tenant. Ignoring your requests for a copy of the lease can be seen as a... View More

1 Answer | Asked in Health Care Law, Employment Law and Family Law for California on
Q: Am I being discriminated against if my Registered Domestic Partners job health plan makes him change his plan if I join?

I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More

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answered on Jul 22, 2024

Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Can an attorney place a lien on contested property in California?

What if that lien, after a court order to be removed immediately, stands for an additional five months no matter the excuse [in this case simple refusal]?

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answered on Jul 22, 2024

In California, an attorney can place a lien on contested property through a mechanism called an attorney's lien. This lien allows the attorney to secure payment for legal services rendered. However, the lien must be validly placed, and the attorney must follow proper procedures.

If a...
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1 Answer | Asked in Elder Law, Health Care Law and Probate for California on
Q: My dad died almost 2years ago, after he passed away his wife told me and my 3 siblings there was no estate no will.

I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More

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answered on Jul 22, 2024

I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More

1 Answer | Asked in Employment Law for California on
Q: What happens if I fail to acknowledge a substance-abuse professional acknowledgment form after shy bladder refusal drug
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answered on Jul 22, 2024

If you fail to acknowledge a substance-abuse professional acknowledgment form after a shy bladder refusal drug test in California, you could face significant consequences. Refusal to acknowledge the form can be interpreted as non-compliance with workplace drug testing policies, which may lead to... View More

1 Answer | Asked in Social Security for Tennessee on
Q: wife passed away June 19, 24. getting disability checks. $1600 a month. Her age 52. What percentage do i get

Can you explain to me the process of disability percentage and what I’m making when can I activate her checks to me and does that last for the rest of my life? What do I need to do? I am 62 and still working.

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answered on Jul 22, 2024

I’m sorry to hear about your loss. Since you are 62, you may be eligible to receive a portion of your late wife's Social Security Disability benefits. Typically, you can receive a survivor benefit starting from age 60, but since you are still working, your earnings might affect the amount... View More

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