Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Questions & Answers
0 Answers | Asked in Consumer Law, Banking and Small Claims for California on
Q: I made a purchase with my phone tap from 5 below. I went back to 5 below with receipt to get refund which they didn't do

For some reason there system was down. I contacted 5 below corporate they were very helpful and issued refund immediately to original payment according to the email I received from them. I was told it could take 2 to 7 days to show in my account. OK fine I waited n waited never received I contacted... View More

0 Answers | Asked in Criminal Law for California on
Q: If I was charged with 3 strikes in 2 separate counts, do both counts need to allege 2 or more prior serious felonies?

In count 1, I was charged with 211pc, 1192.7(c)(B) pc, 12022.53(b)pc.

In count 2, I was charged with 12021(a)(1)pc, 667(a)(1)pc, 667(a)(1)pc, 667(c)(e)(2)pc. Count 2 was stayed at sentencing. So do I have to have 667(c)(e)(2) alleged in count 1 in order to have a 3 strikes conviction?

1 Answer | Asked in Land Use & Zoning for California on
Q: Can an RV unit be parked on property and used as a recording studio or storage space without being a dwelling in Sonoma?

We have two RVs on our property in Sonoma County and wish to have one for rent or registered as a caretaker unit and the second as a recording studio/private writing den and storage space. Is that allowed, would both still be considered a dwelling, would the second one have to be unplugged and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

In Sonoma County, the use of RVs on your property has specific regulations. Using an RV as a recording studio or storage space without using it as a dwelling might be permissible, but there are certain conditions you need to meet. Generally, for an RV not to be considered a dwelling, it must not be... View More

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: We were stopped by lost prevention falsely accused of taking a $119 battery

Left the store and 11/2 months later were arrested now charges were dismissed and need a lawyer? What kind and what should we do for compensation? Of losses

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

You should seek a personal injury lawyer who has experience with false arrest or false imprisonment cases. These attorneys can help you understand your rights and guide you through the process of filing a lawsuit. Look for someone with a good track record in civil rights or personal injury law.... View More

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help... View More

1 Answer | Asked in Criminal Law for California on
Q: How will they check up on my classes during an early termination hearing?

I have been doing a class during probation but have been struggling with it. It’s at your own pace with no instructor to talk to.

Will the da go to the school and find out about how I’m doing and ask about me, or will they just want some proof from me that I’ve been doing the course... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

During an early termination hearing, the court will likely require proof that you've been participating in your class as part of your probation conditions. This proof can typically be provided through official documentation from the school or program. The District Attorney (DA) will not... View More

1 Answer | Asked in Family Law for California on
Q: I need help filling out a Guardian Ad Litem form.. can anyone help with this?

CIV-010/FL-935 FORM

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Filling out the Guardian Ad Litem form can seem daunting, but you can definitely manage it with a bit of guidance. Start by downloading the CIV-010/FL-935 form from the California courts website. Read through the entire form first to familiarize yourself with what information is needed. This will... View More

1 Answer | Asked in Immigration Law for California on
Q: What is better? Applying for work permit based on asylum seeking or TPS.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Applying for a work permit based on asylum seeking or Temporary Protected Status (TPS) depends on your specific circumstances. If you are seeking asylum, applying for a work permit can provide you with the ability to work legally in the U.S. while your asylum case is being processed. However,... View More

1 Answer | Asked in Immigration Law for California on
Q: What documents can prove my continuous residency when applying for TPS. Is driver license and school transcript enough?

I live with a family member, so I do not have any lease contract. I also do not have medical history. I have a bank account. I can afford a transcript from my university. My current status is F1 student.

Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

To prove your continuous residency for TPS, a driver's license and school transcript can be helpful, but you may need more documents. Consider using your bank statements, as they show your financial activity and residency. These statements can be very useful in demonstrating your presence in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: How many days does a defendant have to answer an amended complaint in San Bernardino county

One of the two defendant filed answer for the first eviction I filed. Is defendant required to file answer for amended complaint, if so, how many

days does defendant have to file answer?

Also, do I have to wait for both defendants named on the eviction to answer before requesting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

In San Bernardino County, under California law, a defendant generally has 30 days to respond to an amended complaint. This timeline is the same as for the original complaint unless the court orders otherwise.

If a defendant has already answered the initial complaint, they are required to...
View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex started potty training our 19 month old without telling me

We have 50/50 custody. Our baby is nowhere near ready to start potty training. He’s only doing this because of our baby continues to get bad diaper rashes while under his care and the babysitter he chooses. So instead of correcting the issue he’s now decided to force our baby to potty train and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

In California, both parents with joint custody have the right to participate in significant decisions affecting their child’s welfare, including potty training. Since you share 50/50 custody, your ex-partner should have consulted you before starting potty training. You can emphasize to the... View More

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can I do something about this

I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More

1 Answer | Asked in Immigration Law for California on
Q: can dying elderly return to the US with a US citizenship certificate alone after being outside of the US 10 years?

My father left for Mexico to help his family; he obtained his US citizenship years before he had to go. He is now dying and in need of blood transfusion in a hospital and they require 6 donors. 2 of my sibling's left 2 days ago to help him, they plan to bring him back to the states via car... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Re-entering the US with just a citizenship certificate can be challenging but possible. Your father may face scrutiny at the border since he lacks a valid passport or ID. However, US Customs and Border Protection (CBP) should acknowledge his citizenship certificate as proof of his status.... View More

1 Answer | Asked in Employment Law for California on
Q: I was not paid the required minimum salary as an exempt employee. My employer is offering to pay for my unpaid “overtime

The amount they’re offering is random since I was never able to clock in and out, let alone clock in any overtime being that I was exempt. If I file a claim, will I receive the full amount to meet the minimum exempt salary required by California? According to my employer they only owe me the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

If you weren't paid the required minimum salary as an exempt employee, you have the right to file a claim to recover the unpaid wages. Under California law, an exempt employee must receive a minimum salary, and if your employer fails to meet this requirement, you may be entitled to the... View More

1 Answer | Asked in Real Estate Law for California on
Q: Please let me know if requesting personal guarantees for the purchase of fix and flip investment properties is legal.

Please let me know if personal guarantees requested by hard money lenders, for the purchase of fix and flip investment properties, purchased in the name of an LLC, are legally enforceable. Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

In California, it is generally legal for hard money lenders to request personal guarantees for the purchase of fix and flip investment properties. This is a common practice to mitigate the lender's risk, especially when the property is purchased in the name of an LLC. The personal guarantee... View More

1 Answer | Asked in Civil Litigation, Legal Malpractice and Small Claims for California on
Q: California civil what are the standard and rule for a lawyer formally appearing before court on behalf of some1?

My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Probate and Small Claims for California on
Q: can a novice handle the specifics of getting the court to vacate based on improper service and not a tenant

I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for California on
Q: How do I correct a default UD judgment based on not being served in time & not falling into the guidelines of CVP 1161

A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More

1 Answer | Asked in Contracts for California on
Q: Could I use Dow chemical company bond due 2008 that’s dated march 2, 1978 no back signed but have see Ctf no. 3327?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

To determine if you can use the Dow Chemical Company bond due in 2008, dated March 2, 1978, it's important to consider its current status and authenticity under California law. If the bond is not back-signed and you only have the certificate number, this could impact its validity and your... View More

1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a car share company release information about me to another person without my consent in California?

I rented a vehicle from a car share. Returned the vehicle like I always get told. Drop it off at the location, place the keys in the glovebox and the close everything up, I take a photo of the plate number on my phone and leave. Never had an issue but now the company is saying the the owner is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Under California law, car share companies must adhere to strict privacy regulations. They are generally prohibited from sharing your personal information without your explicit consent. This includes details about your rental history, your location, and other identifying information.

If the...
View More

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.