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California Questions & Answers
0 Answers | Asked in Contracts for California on
Q: Can contractors' bond be canceled due to the threat of a claim

had client file a claim but I paid it and then bond company cancelled bond

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for California on
Q: Can a verbal lease agreement stand for a non-spouse of 30 years after the partner dies?

A man made a verbal commitment to his non-martial spouse of 30 years to allow her to live in his home that is willed to his daughter until she dies, free of charge. The daughter verbally agreed to this agreement with her father, but is now reneging. She is requiring the surviving non-marital spouse... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 24, 2022

A good theory of law that would likely apply is what is called "equitable estoppel."

"The venerable doctrine of equitable estoppel or estoppel in pais, which rests firmly upon a foundation of conscience and fair dealing, [fn. omitted] finds its classical statement in the...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: After one year I raised my tenant’s rent the San Diego’s allowed 9% and continued with a month to month agreement.

It’s been 7 months after raising the rent and we’re on a month to month agreement. The tenant just informed me their girlfriend with her service dog has been living with them the last 3 months and would like to add them to the lease. Can I request to draw up a new lease with the new additional... Read more »

James L. Arrasmith
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answered on Sep 24, 2022

To play it safe, wait five more months until the 12-month period has elapsed so that you can raise the rent again.

0 Answers | Asked in Landlord - Tenant for California on
Q: What are a Mobilehome owners rights over who may use the Carport space within their rental unit

Just recived a 7 day notice; the trailer park owner demands that my brother not park his auto in the carport space of my Aunt's mobilehome. My aunt has no cars, so her space is open, furthermore she's agreed to allow my brother use of her carport space.

Can he demand the car not park there?

0 Answers | Asked in Landlord - Tenant for California on
Q: What are a Mobilehome owners rights over who may use the Carport space within their rental unit

Just recived a 7 day notice; the trailer park owner demands that my brother not park his auto in the carport space of my Aunt's mobilehome. My aunt has no cars, so her space is open, furthermore she's agreed to allow my brother use of her carport space.

Can he demand the car not park there?

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: I went to ER with abdominal pain. Few days later I became blind. No history of eye condition and I'm not diabetic.

On April 10, 2022 I went to the ER with abdominal pain. I was treated and sent home. Two days later I developed a terrible migraine and pain in my left eye so I went back to the ER. Again, treated and released. Next day I went back to the ER with the same problem. That's when they decided to... Read more »

James L. Arrasmith
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answered on Sep 24, 2022

I am very sorry that you have been through that. In California, if a hospital is negligent in its treatment of a patient, you can sue for monetary damages and recover a significant amount of money. This is called "medical malpractice." I would be happy to assist you with your case. Please... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for California on
Q: What are the laws against store employees touching you for shoplifting

I was shoplifting at a local grocery store. I walked out and immediately was grabbed from behind,pushed,cursed at,hit ,my personal belongings taken from me and they refused to give it back. They also destroyed my personal property and ripped my shirt. There were 2 bigger men and one woman and none... Read more »

James L. Arrasmith
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answered on Sep 24, 2022

Generally, a person or company can use non-deadly force to defend their property. This can include restraining you. In addition, stores in California enjoy what is called "shopkeeper's privilege." Under California law, the principle of shopkeeper’s privilege permits shopkeepers (or... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can a county clerk give the papers I dropped off for filing to a judge who then renders a decision without my knowledge?

I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My rent is due on the 7th of the month. I offered my rent payment at the rental office and it was refused. The one ans

One answer I received is that I have "too many accounts" but they are low amounts and very few commercial accounts.

James L. Arrasmith
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answered on Sep 24, 2022

A landlord must accept a "tender" of a rent payment. If you offered the rent payment on time, but the landlord refused it, then that is the landlord's problem. You cannot be evicted for nonpayment of rent if you can show that you timely tendered (that is, offered) the rent payment in full.

1 Answer | Asked in Traffic Tickets and Constitutional Law for California on
Q: Is it enough probable cause for someone to "look under the age of 18" in California? (On a bike without a helmet).

I was on my electric bike without a helmet and I was pulled over by a police officer, he asked me if I was over the age of 18, could I have just said, "I do not answer questions"?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It's generally best not to give statements. Regardless, it's water under the bridge at this point, so speak with a local attorney to defend you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

1 Answer | Asked in Constitutional Law for California on
Q: What happens if the information on a police report wrong and the wrong birth date on the warrant?
James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

An incorrect birth date on papers will generally make no difference, unless this is a case of misidentification. Speak with a local attorney regarding representation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Education Law for California on
Q: My daughter currently has a 504 plan, but she needs an IEP instead.

The school performed the assessment as requested, and when they presented the results, they said my daughter

" does not meet qualification criteria under the category of Other Health Impaired" so they put her under a 504 plan. At the time (11/08/21) i knew nothing about... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are attorneys who handle education law. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Litigation for California on
Q: Hello -- if somebody is serving on a jury but contracts COVID-19 while they are serving, what happens to the case?
James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

This is posed as a hypothetical, so I will address it as such. [There is nothing in the question indicating that you are a juror.] In response to the hypothetical, the juror should notify the court of the infection. [I litigate cases. Anything posted here must not be construed as legal advice, nor... Read more »

2 Answers | Asked in Family Law for California on
Q: If you served someone but they didnt provide it to their lawyer, can lawyer still file a change of court date ?

Respondent was served a month ago by the sheriffs department at the courthouse, now his lawyer has filed a request to change court date since he just received the paperwork a week before court

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 23, 2022

If the lawyer needs more time to prepare a response to the motion or to prepare for the hearing, he can ask for it. It's then up to the court to decide whether to grant that request. You can oppose the request, but why would you?

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1 Answer | Asked in Uncategorized for California on
Q: I am inventing compression knee sleeves/ pads with inserted icy pack... 2 in1.. Do i have / need a patent of any kind?

There are many similar produts on the the market, but none are the same exact functions.

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

An IP attorney or patent attorney would be a good person to speak with. Talk to one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: we ne help fast we dont have much time we got a unlawful detianer and they sold our house wrongfull i lived here for 20

we did to know how to fill and appial and sueing the bank

James L. Arrasmith
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answered on Sep 24, 2022

I highly advise that you speak to a qualified attorney as soon as possible to preserve your rights.

1 Answer | Asked in Civil Rights, Collections, Election Law and Land Use & Zoning for California on
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's

2) supposed to be an election to vote for a member by the residents?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are transactional attorneys who help set-up businesses. I have a friend who I refer people to, as I'm a litigator. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... Read more »

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Domestic Violence for California on
Q: Hello, Can I get subpoenas when the hearings are already over? What forms do I use?

I filed Restraining orders against individuals for internet harassment, slander and other harassment...the hearings ready to place, RO not granted but I would still like to get the IP addresses from the businesses used by the harassing individual, to post the slander so that i can trace it... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

If the case is no longer active, what basis would you have? [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Libel & Slander for California on
Q: I want to find out if I have a case for slander, and or defamation

I have a sister who has and possibly still is continually send damning messages to my wife trying to get my wife to divorce me, and saying and claiming things about me.

I would like to show some of these messages from my wife's phone, and see if something can be done.

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Talk with an attorney about your options, including, possibly, seeking a restraining order. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

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