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California Questions & Answers
0 Answers | Asked in Civil Rights and Gov & Administrative Law for California on
Q: Is body cam footage public record in California after filing a complaint?

I filed a complaint in California against a district attorney investigator for excessive force. Afterward, my witness was arrested on previously dropped charges, and during the arrest, the same investigator made threatening remarks. I've requested body cam footage, which the sheriff's... View More

0 Answers | Asked in Employment Discrimination, Civil Rights and Employment Law for California on
Q: Facing racial discrimination in hiring due to being white, having higher education, and an accent.

I believe I am facing racial discrimination in the hiring process due to my being white, having a higher education, and an accent, which seems to result in refusal to hire me. This has affected my job prospects negatively despite my qualifications. How can I address this situation legally?

0 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: CA property sale: legal notice requirements for lease termination and tenant notification.

I inherited a property in California with tenants, and their lease ends on June 30, 2025. I have served an end-of-lease notice in February 2025. I plan to sell the property, and the buyer is interested in assuming the lease. Does the buyer need to issue a 60-day notice to the tenants about the... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: How can I resolve a bench warrant for failure to appear due to work conflicts in California?

I received a bench warrant for failing to appear at my remand date in Visalia, California because I had to work and didn't want to lose my job. I have not notified the court about my situation, but I would like to consult with a lawyer to understand my options. How can I resolve this issue... View More

2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: What type of attorney is needed for victims compensation after a shooting incident involving personal injury and vehicle damage in California?

I am seeking compensation for personal injury and property damage after my daughter was shot at while driving my car, resulting in extensive damage and injury to her passenger. We have the police report but no insurance coverage. What type of attorney do I need to assist with victims'... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2025

It, somewhat, depends on who is responsible for the shooting, the shooter, or potentially others. To start, you can contact experienced personal injury lawyers.

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1 Answer | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for California on
Q: Workers' comp issue: attorney and adjuster withheld doctor's report.

I have been represented by a workers' comp attorney in my case, but I recently discovered that both my attorney, the defense counsel, and the workers' comp adjuster had received my primary doctor's final report but falsely claimed they hadn't. Over the past six months, I've... View More

James L. Arrasmith
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answered on Apr 25, 2025

Your situation raises serious concerns about professional conduct in your workers' compensation case. The withholding of a doctor's report by your attorney, defense counsel, and the adjuster potentially violates professional ethics standards and may constitute a breach of fiduciary duty.... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: Advice needed on attorney specialization to restrain FBI harassment related to video footage.

The FBI has obtained video footage of me driving for Uber and behaving unprofessionally with passengers. This footage is part of an investigation they opened against me. They've shared this video with my sister-in-law and classmates, and I feel they are harassing me. This has been ongoing for... View More

James L. Arrasmith
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answered on Apr 25, 2025

Your situation involving the FBI sharing video footage with third parties without formal charges is concerning and potentially involves several legal issues. You would benefit from consulting with a civil rights attorney who focuses on federal law enforcement matters, as they possess the expertise... View More

2 Answers | Asked in Civil Rights and Gov & Administrative Law for California on
Q: Can police enter my house during a welfare check without consent?

I was asleep in my house while the TV was playing loudly. Initially, a local safe team came and knocked but left. Later, my manager returned with two police officers who knocked and rang the doorbell, but I was unaware due to the noise. They entered my home, while my door was barricaded (a fire... View More

Robert Kane
Robert Kane
answered on Apr 25, 2025

Even based on your version, the entry seems justified. What if you were injured or otherwise incapacitated and clinging to life.

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1 Answer | Asked in Civil Rights and Employment Law for California on
Q: Can Sikh person wear turban and beard in police under restrictive policies?

Can a Sikh person wear a turban and keep a full beard while attending the police academy and working for a police department, such as the San Bernardino Sheriff's Department, if their policies don't typically allow for such religious attire or expressions?

James L. Arrasmith
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answered on Apr 25, 2025

Yes, a Sikh person can wear a turban and maintain a full beard while attending the police academy and working for a police department in California, including the San Bernardino Sheriff's Department. California's Workplace Religious Freedom Act (AB1964), enacted in 2012, provides some of... View More

2 Answers | Asked in Divorce, Animal / Dog Law and Family Law for California on
Q: Can I claim my horse and plants in a California divorce without a prenup?

I am currently going through a divorce in California. There is no prenuptial agreement in place. During our marriage, my spouse and I acquired two horses—one for each of us. My spouse is now refusing to let me take my horse and my plants, which I consider mine. Can I claim these items as mine... View More

Robert Kane
Robert Kane
answered on Apr 25, 2025

It seems each of you getting a horse would be a fair distribution, but you can't claim it.

Generally, this is what either of you earned (or debt you took out) after you married, but before you separated. The “community” is you and your spouse. The property belongs to you both...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How do I convince the judge that my recordings made during my granted TROs are relevant to this custody issue ?

When our family case judge would not accept them in my DVRO case per PC 633.6(b).they were legal?

James L. Arrasmith
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answered on Apr 25, 2025

In California custody proceedings, the admissibility of recordings often hinges on demonstrating their direct relevance to the best interests of the child. Your recordings, while legally obtained under Penal Code 633.6(b) during a Temporary Restraining Order, must be explicitly connected to factors... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How do I convince the judge that my recordings made during my granted TROs are relevant to this custody issue ?

When our family case judge would not accept them in my DVRO case per PC 633.6 (b) they were legal

Mario Tafur
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Mario Tafur
answered on Apr 25, 2025

Drawing from precedent, Br. C. v. Be. C., 101 Cal. App. 5th 259, demonstrates that recordings are admissible when the victim testifies they were made to document abusive behavior for their protection or to support a restraining order application. In that case, the court admitted recordings... View More

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1 Answer | Asked in Real Estate Law for California on
Q: Who owns an emergency/service access easement in a PUD?

In a planned unit development (PUD), there's an easement for emergency and service access. I'm trying to find out if this easement is owned by the homeowners. Are there specific agreements or laws in real estate that determine the ownership of such easements, and how can I confirm the... View More

James L. Arrasmith
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answered on Apr 25, 2025

In a Planned Unit Development (PUD) in California, emergency and service access easements typically aren't "owned" by homeowners in the traditional sense of property ownership. These easements represent legal rights to use specific portions of the property for designated purposes... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: how do you get your online reports to the police department  or in person reports at the police department even the ones

They have rejected how can I get all of them do I need a certain type of lawyer or what’s the process of questioning both types or the third I mentioned last ?

James L. Arrasmith
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answered on Apr 25, 2025

In California, obtaining police reports that have been denied requires understanding your legal rights under the California Public Records Act (CPRA). The 2018 SB1421 legislation, known as The Right To Know Act, gives the public rights to access certain police misconduct and serious use of force... View More

1 Answer | Asked in Personal Injury, Health Care Law and Employment Law for California on
Q: Prescription error at treatment center causing incorrect dosage and pill quantities.

I am prescribed Sabaxin by my treatment center, with a total daily dose of 26 mg (14 mg in the morning and 12 mg at night). However, the dosing nurse mistakenly administered all 26 mg at once. This caused an upset stomach, leading me to spit out a pill to avoid getting sick. I had to drive home... View More

James L. Arrasmith
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answered on Apr 25, 2025

You may file a report with the California Board of Pharmacy regarding this medication error, as California recently implemented new medication error reporting requirements under Assembly Bill 1286. Community pharmacies and treatment centers are now required to report outpatient medication errors to... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Environmental and Real Estate Law for California on
Q: How can we afford moving expenses if health dept requires us to leave due to toxic mold?

I live in an apartment where there is toxic mold due to multiple water leaks that have been temporarily fixed but not properly repaired, causing rotting drywall issues. We've lived in this apartment for five years and recently signed a one-year lease. Despite asking the landlord to address the... View More

James L. Arrasmith
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answered on Apr 25, 2025

Under California law, your landlord has a legal obligation to maintain habitable living conditions. The presence of toxic mold can violate the implied warranty of habitability, a legal doctrine that requires landlords to provide tenants with livable apartments. When mold makes a rental unit... View More

1 Answer | Asked in Landlord - Tenant, Animal / Dog Law, Consumer Law and Real Estate Law for California on
Q: Was it legal to tow my U-Haul with my dog inside in CA?

I recently moved into an apartment in California, and due to not having my own parking space, I parked a U-Haul in a reserved spot. My boyfriend informed security that we were moving in and would move the truck shortly. Unfortunately, I fell asleep, and when I woke up, the U-Haul was towed, with my... View More

James L. Arrasmith
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answered on Apr 25, 2025

Under California law, towing a vehicle with an animal inside appears to be problematic. California Penal Code Section 597.7 explicitly prohibits leaving or confining an animal in any unattended motor vehicle under conditions that endanger the animal's health or well-being due to heat, cold,... View More

2 Answers | Asked in Business Formation, Family Law, Gov & Administrative Law and Business Law for California on
Q: What is the minimal age for a minor to own a business in California?

In California, what is the minimal age for a minor to be an owner in a business partnership? The minor in question is the child of a recently deceased former owner, and their involvement would be in a food truck business subject to mobile vendor and food safety regulations. Additionally, the minor... View More

Pavel Kolmogorov
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answered on Apr 25, 2025

In California, there is no explicit minimum age requirement for a minor to own an interest in a business, including a partnership. However, because minors generally lack legal capacity, any contractual commitments or legal agreements involving minors typically require approval and oversight by a... View More

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1 Answer | Asked in Immigration Law for California on
Q: Should we start a marriage-based green card process with an open asylum case?

I am a U.S. citizen and recently married my husband, a Colombian citizen, who entered the United States illegally and has an open asylum case. He's been here since 2023 and has a court date in July 2025 but hasn't received a work permit. We want to know if we should start the... View More

James L. Arrasmith
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answered on Apr 25, 2025

When considering whether to pursue a marriage-based green card while maintaining an open asylum case, the analysis significantly depends on how your spouse entered the United States. Since your husband entered illegally and has an asylum case pending, this creates a more complex scenario than if he... View More

1 Answer | Asked in Probate and Tax Law for California on
Q: Is a final 1041 needed for an estate distributed by April 2025 in CA?

The order for final distribution of an estate was approved in October 2024, with all assets distributed by April 2025 (the deed was recorded in November 2024, and the cash in the estate account was distributed in March 2025). A 1099-R shows a $57 gross distribution related to an insurance policy... View More

James L. Arrasmith
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answered on Apr 25, 2025

The estate only pays income taxes on income generated between the owner's death and asset transfer to beneficiaries. Since your estate had assets distributed across two tax years (property in 2024 and cash in 2025), a Form 1041 is required for each tax year in which the estate generated income... View More

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