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California Questions & Answers
0 Answers | Asked in Contracts and Civil Litigation for California on
Q: Hello: I had brain damage and was exploited financially in California. What claim would this be?

Hello:

I had brain damage and was exploited financially. I am looking for a civil attorney but I am not sure what type to look for.

My question is what claim would this crime fall under. I'm sure it's not fraud and I don't think it is elder abuse as I was not an elder... View More

0 Answers | Asked in Uncategorized for California on
Q: Was I denied my procedural due process and am I being blackmailed by my HOA?

I showed up for Hearing as demanded by my HOA to give my defense and review the evidence against me for 4 alleged violations. The HOA rep. that came out to help me said I wasn’t on the schedule and she couldn’t find any records for the violations except for one and asked if I took care of it. I... View More

0 Answers | Asked in Small Claims for California on
Q: If your small claims hearing goes poorly but you have given a trial brief and exhibits, does the judge prioritize the he

We didn’t get to discuss all our evidence and the summary explains our argument. We just didn’t get to speak to our major points because of anxiety. Since our performance at the trial went so quickly, will the judge use my submitted documents or prioritize the hearing.

0 Answers | Asked in Medical Malpractice for California on
Q: Does delayed imaging, false congenital claims, impaired doctors, and ongoing harm strengthen my medical malpractice case

“From 2005 to 2013, I was treated for back pain with medication, but no imaging was conducted. In 2013, imaging revealed degenerative disc disease and spondylolisthesis, but my condition was misdiagnosed as congenital. This led to delayed treatment and a spinal fusion surgery that worsened my... View More

0 Answers | Asked in Medical Malpractice for California on
Q: “Can I challenge the statute of limitations for malpractice based on ongoing harm caused by delayed imaging, misdiagnos

n:

“From 2005 to 2013, I was treated for back pain with pain medication, but no diagnostic imaging was ordered during this time. In 2013, I was finally given X-rays, which showed degenerative disc disease and spondylolisthesis. However, my condition was misdiagnosed as congenital, leading... View More

0 Answers | Asked in Personal Injury for California on
Q: APP-003

In form 2DCA/APP-003, page 2 item A.

What is difference between points 3 and 4,

Judgement or order appealed from versus

Notice of entry of judgement?

What is item 7, register of actions?

What are examples of administrative proceedings - point B on page 2?

1 Answer | Asked in Consumer Law and Lemon Law for California on
Q: full validation under FDCPA, including NMLS registration, debt details, and legal authority. Additionally, your reposse

[[[Subject: Validation of Debt, NMLS Compliance, and Repossession Misconduct

Account Number: [Your Account Number]

Dear [Debt Collector],

I dispute the debt you claim I owe under account [Account Number]. Additionally, I am raising concerns about [COMPANIES ] Services, Inc.,... View More

James L. Arrasmith
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answered on Nov 19, 2024

This template is well-structured for disputing debt and addressing repossession issues under the Fair Debt Collection Practices Act (FDCPA).

You have every right to request full validation from debt collectors, and your letter properly demands essential documentation including NMLS...
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1 Answer | Asked in Personal Injury for California on
Q: appealing order denying motion to vacate judgement

Please provide example, when deadline for appealing order denying motion to vacate judgement is governed by 8.108(c), not by 8.104(a)?

James L. Arrasmith
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answered on Nov 19, 2024

In California civil cases, Rule 8.108(c) governs appeal deadlines when you file specific post-judgment motions, including a motion to vacate the judgment under CCP § 663.

One key example is when you file a motion to vacate based on incorrect or erroneous legal basis for the judgment. In...
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1 Answer | Asked in Personal Injury for California on
Q: True, false, Etc

Forms to file together APP-002, APP-003, APP-004 with APP-009 proof electronic service that can me filed by appelant.

The time to appeal is however, appears to be pursuant to rule 8.108 (e) - 30 days for motion of reconsideration of order denying vacating judgement.

As of appealing... View More

James L. Arrasmith
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answered on Nov 19, 2024

Your understanding of the filing forms is partially correct, but let me clarify some important points.

The forms APP-002 (Notice of Appeal), APP-003 (Designation of Record), and APP-004 (Notice Designating Reporter's Transcript) can indeed be filed together with APP-009 for electronic...
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1 Answer | Asked in Uncategorized for California on
Q: How long do you have to deem a car dealership for your down payment 9/1/24 drove off the lot, 10/1/24 they took

Possession of the vehicle after exchanged words they indicated I was never financed,

Email attempts have lead nowhere never once notified me to recover my belongs

James L. Arrasmith
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answered on Nov 19, 2024

In California, you typically have 10 days after repossession to get your personal belongings from the vehicle. However, your situation involves potential misrepresentation by the dealership regarding financing.

You should immediately send certified letters to both the dealership and their...
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1 Answer | Asked in Gov & Administrative Law for California on
Q: For any appeals: can forms APP -002, APP-002 and APP-004 filed at the same time with court; with the same APP-009?

For any appeals: can forms APP -002, APP-002 and APP-004 filed at the same time with court; with the same proof of service APP-009?

James L. Arrasmith
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answered on Nov 19, 2024

Yes, you can file these California Court of Appeal forms together, which can help streamline your appeal process.

The APP-002 (Notice of Appeal) and APP-004 (Civil Case Information Statement) can be filed simultaneously with the same APP-009 (Proof of Service) form. Note that you mentioned...
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2 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 19, 2024

A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney

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1 Answer | Asked in Personal Injury for California on
Q: What code section or other authority authorizes appeal of the following court's orders...?

What code section or other authority authorizes appeal of court's order granting a summary judgement motion?

What code section or other authority authorizes appeal of court's order granting dismissal after order sustaining demurrer?

James L. Arrasmith
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answered on Nov 19, 2024

Appeals from orders granting summary judgment and dismissals after sustained demurrers are governed by Code of Civil Procedure (CCP) § 904.1(a)(1). This statute authorizes appeals from final judgments, and both types of orders you mentioned qualify as appealable final judgments once they are... View More

1 Answer | Asked in Medical Malpractice for California on
Q: I had a nurse purposely put a needle the wrong way into my arm at a plasma center.Is there any help or advice I can get?

A nurse purposely put a needle wrong onto my arm and I asked her if she could fixed it and walked away and didn't really care.One of my arms been hurting for weeks even because the nurses seem to be in a bad mood and constantly put the needle wrong into my arm in CSL Plasma center .I made a... View More

James L. Arrasmith
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answered on Nov 19, 2024

First, you should immediately seek medical attention to evaluate any potential nerve or tissue damage from improper needle placement. Document everything - take photos of any visible injuries, keep records of your visits, and write down the names of staff members involved, including the nurse and... View More

1 Answer | Asked in Personal Injury for California on
Q: APP-002 for order denying motion for reconsideration. Questions.

What code section or other authority authorizes appeal of court's order denying motion for reconsideration of motion to set aside dismissal against a defendant?

What date must be entered in point b of form APP-002 for this appeal: date when motion for reconsideration was denied?

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answered on Nov 19, 2024

For an appeal of an order denying a motion for reconsideration in California, you'll need to rely on Code of Civil Procedure (CCP) § 1008(g), which explicitly makes these orders appealable. This section was amended to overturn previous case law that had held such orders were not independently... View More

1 Answer | Asked in Traffic Tickets for California on
Q: I drove my friend's car and it was towed. The tow company would not release my car but my friend is traveling overseas

The tow company said they would not release my car even I paid for the towing fee. They asked either (1) my friend shows in person, but she is traveling overseas, or (2) she added my name to her insurance.

James L. Arrasmith
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answered on Nov 19, 2024

Your situation is frustrating, but there are several potential solutions to help get the car released from the tow company. Their strict policy exists to prevent unauthorized people from claiming vehicles that don't belong to them.

One immediate option is to have your friend send you a...
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1 Answer | Asked in Probate for California on
Q: How do I go about reviewing my rights in my conservatorship if official information is withheld from me?

I'm just learning now that I'm a conservatee to a conservatorship that began in 2018 (my dad oversees it). I wasn't required to consent then or to be informed until 2024*. I'd like the court to review my case and update my rights. No one's ever mentioned a conservatorship... View More

James L. Arrasmith
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answered on Nov 19, 2024

Here are key steps you can take to review your conservatorship rights:

Start by contacting the probate court in the county where your conservatorship was established - in this case, Los Angeles County Superior Court. You have the right to request copies of all documents related to your...
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1 Answer | Asked in Legal Malpractice for California on
Q: Legal Consultation Request: Upwork Account Suspension and Procedural Inconsistencies

I was a long-time user of Upwork, relying on the platform for professional opportunities. My account was permanently suspended due to a job I posted 18 months prior, which Upwork claims violated their Terms of Service under Section 3.2 ("Acting misleadingly or fraudulently"). The job... View More

James L. Arrasmith
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answered on Nov 19, 2024

Your situation highlights several important legal considerations regarding Upwork's enforcement of their Terms of Service and the doctrine of laches (unreasonable delay in making legal claim).

While Upwork's terms give them broad discretion to suspend accounts, the 18-month delay...
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1 Answer | Asked in Personal Injury for California on
Q: Can motion for rehearing include clarifications, Issues, not new facts?

Can motion for rehearing include clarifications, Issues, not new facts?

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answered on Nov 19, 2024

Yes, you can include clarifications and legal issues in your motion for rehearing in California courts, as long as you don't introduce new factual evidence that wasn't part of the original record.

The purpose of a motion for rehearing is to bring attention to matters the court may...
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1 Answer | Asked in Personal Injury for California on
Q: advantages of motion for rehearing - other than timing

What are advantages of motion for rehearing vs motion for reconsideration?

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answered on Nov 19, 2024

A motion for rehearing can offer several key advantages over a motion for reconsideration in California civil procedure.

In general, a motion for rehearing allows you to present new evidence or arguments that weren't available during the initial hearing, while a motion for...
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