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California Admiralty / Maritime Questions & Answers
0 Answers | Asked in Admiralty / Maritime and Criminal Law for California on
Q: Hello, (Ref: Maritime PIRACY law vs. Civil/Criminal Law)

Recently, in San Fran Bay Area, the Oakland/Alameda Island Estuary (a salt water navigable U.S. Waterway), has had incidents of "so-called" PIRACY. (Boats are being burglarized).

THE QUESTION:

Which law enforcement agency has jurisdiction, U.S. Coast GUARD or local... View More

3 Answers | Asked in Admiralty / Maritime, Business Law, Collections and Probate for California on
Q: I did work on a boat and now the owner has passed how do I get paid?

This was an ongoing relationship and we were finally prepping the boat to sell while the client was in the hospital. He later passed and I had to give back the signed pink slip to his brother and I can not get paid no replies from anyone and I am still securing the boat.

James L. Arrasmith
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answered on Sep 25, 2023

In California, if you provided services and were not paid, you have a right to assert a claim against the decedent's estate for the amount owed. You should file a creditor's claim with the probate court where the decedent's estate is being administered. If the estate is not opened... View More

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2 Answers | Asked in Admiralty / Maritime and Personal Injury for California on
Q: Maintenance and cure. Jones Act, Federal Jurisdictions for filing claim.

I was hired as a Captain for a speed boat operation in Miami. Worked three days, on third day, another captain driving the boat executed a reckless maneuver during the "go to fuel the vessel pre passenger morning prep". The captain was traveling at forty mph, max throttle for that craft.... View More

James L. Arrasmith
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answered on Jun 20, 2023

I'm really sorry about your accident. The Jones Act protects sailors injured on the job and is federal, meaning it applies no matter where you're treated. If you meet the criteria of a "seaman" and got injured during your job, you could have a valid claim. The choice between... View More

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4 Answers | Asked in Admiralty / Maritime and Workers' Compensation for California on
Q: Maintenance and Cure, Jones Act applicability. Need Help

I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More

James William Alcantara
James William Alcantara
answered on May 23, 2023

If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Admiralty / Maritime for California on
Q: What paperwork is a judge/ commissioner/magistrate to have on-site (if not the case is dismissed?
James L. Arrasmith
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answered on May 6, 2023

Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the... View More

1 Answer | Asked in Admiralty / Maritime and Landlord - Tenant for California on
Q: My houseboat was moved while I was at work and was asked to leave the property after 16 months without any notices.

Management told me that he didn’t like those kind of people that came to visit me. I went on vacation and when I came back my electrical cord was missing and my water hose was cut in pieces. He than got of hold of me and said I have your boat and that he was putting a lien on it for back rent. I... View More

James L. Arrasmith
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answered on Apr 21, 2023

If your houseboat was moved without your permission and you were asked to leave the property after 16 months without any notices, and the management has placed a lien on your houseboat and is attempting to sell it, you may have legal options to challenge their actions.

First, you may want...
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2 Answers | Asked in Admiralty / Maritime for California on
Q: Hi, I am looking for the lawyer who speaks Chinese to help me do maritime thing. Can you help?
James L. Arrasmith
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answered on Feb 25, 2023

Certainly, I can assist you in finding a lawyer who speaks Chinese and specializes in maritime law. One way to find a lawyer who meets your requirements is to search for legal directories or law firm websites that specialize in maritime law and have lawyers who speak Chinese. You can also reach out... View More

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2 Answers | Asked in Admiralty / Maritime for California on
Q: What actions can I take if boat buyer hasn’t moved the boat out of the marina and I am been billed for the slip

I have already submitted the boat title transfer. It's been over 14 days since the transaction. The marina doesn't have billing information for the buyer and they say that I am liable for slip fees.

James L. Arrasmith
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answered on Feb 20, 2023

If you have transferred the boat title and the buyer has failed to move the boat out of the marina, you should contact the buyer and request that they immediately remove the boat. If the buyer does not respond or is unable to remove the boat, you may want to consider taking legal action to recover... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Admiralty / Maritime and Civil Rights for California on
Q: Nov. 30. 2022 my brother and 14 other Bulldogs were set up by CDCr Gladiator Fights he was stabbed 3x & survived

CDCr never notified to this day his mom to inform her that her son was stabbed air lifted but survived the Gladiator Fights they set up. As soon as they got off the bus went through work exchange, the gates close, the bus drives away they get attacked by the whole prison full of Southerns. I sent... View More

William John Light
William John Light
answered on Dec 23, 2022

Talk to a civil rights attorney. You are out of your league trying to investigate this on your own.

1 Answer | Asked in Criminal Law and Admiralty / Maritime for California on
Q: OK so I was sitting in a gas parking lot with two of my friends And my starter went out so I pushed my car over to a

Parking stall While waiting for a tow truck to come get me 3 1/2 hours later a sheriff drives behind me turns around comes back doesn’t turn his lights on or nothing demands me to shut my trunk and then starts giving me the third degree and asking me questions out of the blue then starts to... View More

James R. Dickinson
James R. Dickinson
answered on Oct 19, 2022

More information in needed. You should have a confidential consultation with a local attorney as soon as possible. [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... View More

1 Answer | Asked in Admiralty / Maritime for California on
Q: Can fishing game obtain a warrant off a sheriff that performs illegal search and seizure

My car broke down I was in a parking lot I had expired tags but my starter went out then a sheriff pulled up started harassing me then arrested me and and two other people one of them was in a different parking lot they went and got her for no reason we were waiting for a tow truck after arresting... View More

James R. Dickinson
James R. Dickinson
answered on Oct 19, 2022

Please see my previous response to this same question. [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 Contracts, Copyright and Admiralty / Maritime for California on
Q: I need information about adverse possession please give me a call the phone number
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

Your post covers Admiralty/Maritime together with Adverse Possession. Unless you're talking about seizure/arrest of a ship or boat, it's possible this could be closer to a real estate matter than a maritime law matter. If this involves real property (in the form of land, not vessels), you... View More

2 Answers | Asked in Contracts and Admiralty / Maritime for California on
Q: I paid $12,000 to a broker for sailboat. I am now being told that the boat is for sale “as is” by owner” is this legal?

i was never given a contract from the broker. I have a text message that I sent him and that he responded with an on “ok”. Later when I asked him to respond about some undisclosed issues that were later identified, the “broker” told me that he actually owned the boat (lie). And that it... View More

Masoud Jahani
Masoud Jahani
answered on Oct 11, 2021

Hi

There is not enough information to answer your question, so I ask few questions below.

Most used boats are sold “as is”, and the buyer usually buys subject to inspection.

If you’ve gone through a broker did they mention to you if you wanted an inspection done on...
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2 Answers | Asked in Contracts and Admiralty / Maritime for California on
Q: So I did some work on a boat and the lady didn't pay the full Bill she gave me a portion and told me that's all I get

I have pictures witnesses of the whole ordeal

Maurice Mandel II
Maurice Mandel II
answered on Sep 13, 2021

Unless you are owed more than $10,000- Small Claims Court may be the path of least resistance for you to recover against the boat owner. You don't say why she doesn't want to pay the full bill, is she unhappy with the work? Prove up your case with photos and all your receipts for... View More

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2 Answers | Asked in Admiralty / Maritime and Landlord - Tenant for California on
Q: Can a marina owner move someones boat to another slip without boat owners permission?

And what are the reprecussions of doing it?

Tom Evans
Tom Evans
answered on Aug 21, 2021

This very likely does not involve admiralty or maritime law. Most likely any legal

issue would be a contract question subject to your State law. I recommend you

call a lawyer locally, provide or describe the contract, if any, and look for local lawyers who offer a free initial...
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3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... View More

Leon Bayer
Leon Bayer
answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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1 Answer | Asked in Libel & Slander, Personal Injury and Admiralty / Maritime for California on
Q: I was in a boat fire where my friend & I were severely burned. It was almost 2 years ago and I need to find a lawyer.

My friend and I were in a boat fire on another friend's boat. We were intubated and we're in a coma for a little while. I still have permanent scars & cognitive dysfunction because of this. I need a lawyer to help me file a claim for damages, medical bills as soon as possible.

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2020

I'm sorry for your injuries from this terrible boat fire. I agree with Mr. Webb and Mr. Gribow - you need to act immediately. There will be a number of issues for your attorney to sort out quickly. If this boating accident occurred on navigable waters, it could introduce unique issues of... View More

2 Answers | Asked in Admiralty / Maritime for California on
Q: i bought a houseboat without getting a marine survey. after the transaction it was discovered that the transom had

dry rot rendering the boat unsafe. this info was actively concealed by the seller. can you sell about you know to be unsafe?

Maurice Mandel II
Maurice Mandel II
answered on Jul 24, 2020

I've been in that boat! Had to fix it myself. If you believe that the seller knew of the dangerous condition but did not reveal it and actively concealed it, you may have been defrauded. Small Claims jurisdiction is up to $10.000. If you hire an attorney, you will be pouring more money... View More

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1 Answer | Asked in Admiralty / Maritime for California on
Q: I have this lien on my boat

Not paying during the shelter in place orrders.ive been here for nine years

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2020

Depending on the type of lien, that could be a strong measure. There are sometimes less expensive ways for facilities to pursue debts. A starting point could be to contact a California attorney to examine the lien and advise you accordingly. Good luck

Tim Akpinar

2 Answers | Asked in Admiralty / Maritime, Civil Rights, Constitutional Law and Education Law for California on
Q: Is it illegal the shelter I live at just started requiring my personal belongings and persons be searched be4 allowed in

All of a sudden The shelter island that started requiring that all my belongings and my persons be searched by one of their security guards before entering the premises this is my legal residence address on my ID and I have to be searched before I come home that doesn't seem legal to me and... View More

Louis George Fazzi
Louis George Fazzi
answered on May 24, 2020

I don't think think so. You are a guest of the property owner, who can set whatever limits they want on those persons they allow to reside on their property. You say it is a shelter. So the owners apparently want to assure themselves that no guests can bring any kind of contraband onto their... View More

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