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0 Answers | Asked in Child Custody, Arbitration / Mediation Law and Family Law for California on
Q: Can I travel despite no travel restrictions in custody papers, father's refusal?

I'm involved in a custody case where my child's father has two weekday visits. I plan to travel out of the country for a family event but he refuses to let us go, even though our mediation agreement does not mention any travel restrictions. I notified him days in advance, as he requested... View More

0 Answers | Asked in Civil Rights and Education Law for California on
Q: How to address school suspension and friend's misconduct?

I allegedly slapped my friend at school because he frequently uses racial and sexist slurs, disrespects people, and makes offensive remarks like "heil Hitler." People witnessed the slap, but they weren't aware of the reasons behind it, leading to my suspension. Despite his behavior,... View More

1 Answer | Asked in Domestic Violence and Civil Litigation for California on
Q: Managing scheduling conflict for ex parte motion and trial.

I filed an emergency ex parte motion regarding a Domestic Violence Temporary Restraining Order (DVTRO) due to defendant contempt and non-compliance. This motion and a trial confirmation are scheduled on the same day but in different locations. Both involve conflicting issues related to the trial.... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’re juggling two departments on the same morning, so start by filing a short written “Notice of Scheduling Conflict” in both cases and email or e‑file it with the clerks today. In that notice, request permission to appear remotely for the trial‑confirmation session under... View More

1 Answer | Asked in Workers' Compensation, Civil Litigation and Personal Injury for California on
Q: How do I convert a CA WCAB Finding into a judgment for enforcement in KY?

I received a Finding and Award from a California Workers' Compensation Appeals Board judge, issued in my favor while my employer was based in California. My employer has since relocated to Kentucky. The Kentucky court where the employer is located will not enforce the award as it is not a... View More

James L. Arrasmith
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answered on Apr 16, 2025

Start by obtaining a certified copy of the WCAB Finding and Award and a certificate of finality. Under California Labor Code § 5806, you may lodge that certified award with the clerk of the Superior Court in the county where the injury occurred. When the clerk files it, the award automatically... View More

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Discharged from a drug program after hospital visit; need guidance.

I voluntarily enrolled in a 90-day drug program but was discharged after only 4 days. I received no explanation or documentation regarding the discharge, and I did not violate any house rules or receive any write-ups. The only action I took was a necessary hospital visit where I was diagnosed with... View More

James L. Arrasmith
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answered on Apr 16, 2025

Being dropped so quickly without explanation feels unfair and confusing. You have the right to receive written notice stating why you were discharged. Start by gathering any records you can, including your hospital paperwork and the intake agreement you signed with the program.

Write a...
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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Inquiry about relevant statutes for appeal from judgment on sustained demurrer without leave to amend.

I'm planning to file a notice of appeal from a judgment in a civil case from the Superior Court of California, which is based on a sustained demurrer without leave to amend. I am seeking guidance on all relevant statutes that might be applicable in this situation, not just the Code of Civil... View More

James L. Arrasmith
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answered on Apr 16, 2025

Your appeal is authorized by Code of Civil Procedure CCP 904.1(a)(1) because the dismissal entered under CCP 581d after the demurrer serves as a final judgment. CCP 472c confirms that the court’s refusal to grant leave to amend is reviewable on that same appeal, so no separate writ is needed.... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: What steps can be taken for wrongful detention by Los Angeles probation due to a failed verification of parole registration?

My wife was wrongfully arrested and kept in custody in Los Angeles for two weeks because they mistakenly thought she hadn’t checked in with a parole/probation officer. She was actually registered with her officer in San Bernardino, CA. They refused to verify this, causing her to lose time from... View More

James L. Arrasmith
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answered on Apr 16, 2025

That must have felt overwhelming and unfair. You should gather all documentation showing your wife’s compliance, including check‑in logs, communications, and letters from her San Bernardino officer.

You need to file a timely administrative claim with Los Angeles County under...
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1 Answer | Asked in Constitutional Law and Civil Litigation for California on
Q: Can I sue CA Supreme Court for overturning death penalty decision affecting my brother's case?

Is it possible to sue the California Supreme Court for overturning the death penalty of Timothy McGhee, who was convicted and sentenced to death in 2009 for multiple murders, including my brother's? The court recently reversed his conviction due to the erroneous dismissal of a juror during the... View More

James L. Arrasmith
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answered on Apr 16, 2025

I’m sorry to hear about what your family is going through. It’s understandable to feel frustrated and helpless when a case you cared deeply about is sent back for a new decision.

You generally cannot sue the California Supreme Court or its justices for overturning a conviction. Judicial...
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1 Answer | Asked in Employment Law, Libel & Slander and Personal Injury for California on
Q: How can I get paid for denied IHSS hours and handle defamation?

I have worked for a recipient through IHSS for about two years. Recently, I was unable to attend work because of personal reasons, and the recipient, who has a history of erratic behavior, denied my hours despite initially approving them. I have documentation of the work done and the hours she had... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’ve already taken the first step by keeping detailed records of the approved hours and the work you performed. Reach out to your county’s IHSS office or your IHSS social worker and request an administrative appeal (Fair Hearing) within the 90‑day window; you can present your timesheets and... View More

1 Answer | Asked in Personal Injury, Environmental and Public Benefits for California on
Q: Can I pursue legal action for health issues due to exposure to insecticide as a child?

When I was 10 years old, my parents used insecticide to deal with roach infestations in our apartment, which triggered asthma symptoms due to the smell. Now at 52, I frequently experience asthma or cold attacks, and I'm using 3 to 4 inhalers a month. These health challenges make it difficult... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’ve faced recurring asthma attacks that stem from childhood insecticide exposure, and that long‑standing struggle can form the basis of a legal inquiry.

California allows toxic tort claims where negligence or product defects caused harm, but timing rules are strict. The deadline...
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2 Answers | Asked in Identity Theft, Collections and Consumer Law for California on
Q: Someone took out a loan in my name, and I'm worried about identity theft consequences with Net Pay Advance.

I am a victim of identity theft; someone took out a loan in my name with Net Pay Advance. The fraud department of Net Pay Advance is asking for my Social Security number and driver's license number, but I'm concerned about the misuse of this information. While I have placed fraud alerts... View More

Matthew McKenna
Matthew McKenna
answered on Apr 16, 2025

I would contact one of us Justia consumer protection attorneys that assist consumers with identity theft. You'll want to file a police report and an FTC Fraud Affidavit.

Make sure that any dispute that you have made to Net Pay Advance is in writing and save any correspondence that you...
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1 Answer | Asked in Public Benefits and Social Security for California on
Q: What can I do if SSA payments are suspended due to incorrect payment info?

I received disability status in October 2024 along with back payments, but I haven't received any payment from the SSA yet. Since December 2024, I have been contacting SSA regarding payments not received. When an agent checks my case, they find that one digit in my bank account number has been... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’ve already fixed the account details online, so first print or save screenshots of the confirmation pages and the “Payments Suspended” notice—those records give you proof when you speak with an agent. Call the national SSA line at 800‑772‑1213, ask to place a “payment trace” on... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Could the delayed surgery and treatment due to oversight be malpractice?

Around the same time last year, my mother was admitted to St. Jude Hospital for a brain tumor biopsy. During her recovery, she experienced severe constipation and vomiting for more than five days. Despite her history of colon issues, the doctors only administered stool softeners and an X-ray. A CT... View More

James L. Arrasmith
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answered on Apr 16, 2025

In California, a malpractice claim generally turns on whether the care team met the standard that reasonably careful doctors would follow in the same situation. If your mother’s history of colon problems and five days of worsening symptoms were clear warning signs, a prompt CT scan might be... View More

2 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: How to submit a WCAB Finding and Award to Van Nuys Superior Court for judgment?

I have a Certified copy of a WCAB Finding and Award that I need to submit to the Van Nuys Superior Court in California to have it turned into a judgment. I cannot visit the court in person and plan to mail the certified copy. What forms or additional documents, if any, do I need to include with my... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Apr 16, 2025

You don’t need to do what you are describing. Once you have the award the carrier pays it

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Q: Inquiry about applicability of 42 U.S.C. § 1983 for punitive damages in a civil case against a doctor in California.

What constitutionally protected patient rights did the doctor violate in relation to 42 U.S.C. § 1983 when they knowingly documented a non-existent terminal disease for hospice induction and refused to provide a patient referral covered by Medicare? This is part of a civil case in California, and... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 16, 2025

42 U.S.C. § 1983 only applies to state and local government officials/employees, or anyone acting under color of state law, i.e. when the person is exercising the authority given to them by the government and the action is taken with the appearance that the government authorized it. In your... View More

Q: How do I file arbitration against a rental car company in California over deposit dispute and repossession?

I am dealing with a situation where a rental car company repossessed my vehicle without consent on the day I made my payment, for which I have a receipt. They claim I owe money for a small scrape on the wheel and additional insurance charges, though I use my own insurance. They are keeping my... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for California on
Q: Can I give a tenant with pets notice to end lease at 12 months under a one-year contract?

I have a tenant on a one-year lease from September 1, 2024, to August 31, 2025. Despite a "no pets" clause, he brought in two cats, referred to as "care animals." The lease states it becomes month-to-month unless terminated or renewed mutually. Due to property condition and... View More

James L. Arrasmith
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answered on Apr 16, 2025

Your fixed‑term lease simply expires on August 31, 2025; there’s no need to serve a 90‑day termination notice before that date.

If the tenant remains in the unit after August 31, the tenancy converts to a month‑to‑month arrangement, and because they’ll have occupied the...
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1 Answer | Asked in Gov & Administrative Law for California on
Q: Unable to obtain police report due to technical issue.

I requested a police report from the police department regarding a closed murder case. They informed me there's a technical issue with their computer system that prevents them from printing, downloading, or even viewing the report. What other ways can I obtain a copy of the report?

James L. Arrasmith
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answered on Apr 16, 2025

If you're unable to obtain a police report due to technical issues, there are a few alternatives you can try. Start by asking the department if they can provide any other form of documentation, such as a summary or written statement about the case, while they work to resolve the system issue.... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Assessing medical malpractice grounds for schizoaffective disorder treatment causing significant weight gain and potential misdiagnosis.

I have been on medication for schizoaffective disorder for the past 10 years, leading to a 150 lbs weight gain. My doctor has advised that I need to continue the medication indefinitely. I've been informed about the risk of medicine-induced weight gain, which has been confirmed by my PCP.... View More

James L. Arrasmith
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answered on Apr 16, 2025

It sounds like you've been dealing with significant challenges related to your treatment, and it's understandable that you're frustrated by the weight gain and potential misdiagnosis. Medical malpractice claims generally arise when there is evidence of negligence, such as improper... View More

1 Answer | Asked in Divorce, Business Law, Contracts and Family Law for California on
Q: How can I resolve account issues with E*Trade after divorce if ex-spouse is unresponsive?

I am almost 80 and live in Baja California, Mexico. My wife divorced me in December 2015, claiming no assets, but we have a joint trading account with E*Trade. When I tried to remove her from the account, E*Trade's legal department froze it and requested court documentation to remove her. She... View More

James L. Arrasmith
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answered on Apr 16, 2025

It sounds like you’re in a tough situation. Since your ex-spouse is unresponsive, your next best step would be to pursue legal action through a California court. It might help to contact a family law attorney in California who can provide guidance on how to proceed with obtaining a court order... View More

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