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California Civil Rights Questions & Answers
0 Answers | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Family Law for California on
Q: Steps to pursue civil suit involving minors and procedural violations in CA

It's been over a year since my civil suit against a pro tem judge and court clerk, where procedural violations led to an unexpected judgment. After subsequent hardship and housing displacement due to alleged wrongful judicial actions and an illegal UD filed by the opposing party, I've... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: What law allows CA law enforcement to view private CCTV footage without consent?

I would like to know what California law or code allows state law enforcement to view CCTV footage from private property without providing a reason. Additionally, I am concerned with understanding the privacy rights or legality associated with accessing these recordings without consent.

James L. Arrasmith
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answered on Mar 12, 2025

In California, law enforcement typically relies on a combination of laws when accessing private CCTV footage without consent. Primarily, the Fourth Amendment to the U.S. Constitution and Article 1, Section 13 of the California Constitution protect your right to privacy from unreasonable searches.... View More

2 Answers | Asked in Civil Rights, Civil Litigation and Personal Injury for California on
Q: What legal actions can I take for a camera pointed at my bedroom window in California?

What legal actions can I take if the homeowner's son has pointed a video camera into my bedroom window, and after asking him to move it, he pointed it back again the same night? I haven't contacted local authorities yet. What are my options?

Joel Gary Selik
Joel Gary Selik
answered on Mar 12, 2025

As a caution, do not threaten to call the police as you do not want to be accused of extortion.

But, you can call the police. They may or may not investigate. But, keep in mind, solving the peeping issue may only lead to more problems if you contact the police. Instead, you may want to...
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2 Answers | Asked in Civil Rights for California on
Q: Officer made antisemitic comment during police interaction in Tustin, CA. Do I have a case?

During a recent interaction with Tustin police, an officer made an antisemitic comment by referring to my last name, Horowitz, as "Auschwitz." This was highly offensive, and I made it clear to the officer, who gestured to silence me. Another officer appeared embarrassed by the remark.... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 11, 2025

Make sure you prepare a chronological statement of what happened. Include all the details you can. You want to say what happened, where, how, when and why. Identify all the parties by name if you can, and if you have officer's badge numbers that would be beneficial. Retain all documentation... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Family Law for California on
Q: How to ensure proper judicial recusal in a CA family law case?

I filed a motion for judicial recusal under CCP 170.1 in a family law case involving the enforcement of a restraining order and custody disputes. The judge wrote a letter striking the disqualification by referencing CCP 170.1, 170.3, and 170.4 in late February. At the court hearing in early March,... View More

James L. Arrasmith
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answered on Mar 12, 2025

If your motion for judicial recusal under CCP 170.6 was improperly denied, you still have options to address this issue. You should promptly file a petition for a writ of mandate with the appellate court challenging the judge's refusal to honor your peremptory challenge under CCP 170.6. The... View More

2 Answers | Asked in Civil Rights, Employment Law, Personal Injury and Civil Litigation for California on
Q: Legal steps for injury caused by sheriff during incident with witnesses.

I'm seeking legal advice regarding an incident where I was retrieving water for my motor home from my neighbor, during which I was grabbed from behind. My left arm, which has had multiple surgeries and contains a metal implant, was manipulated and contorted, causing it to swell and resulting... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 11, 2025

Find yourself a good civil rights lawyer. If you need assistance, you can go to the Orange County Bar Association website and visit their lawyers referral service. There are many good lawyers who handle civil rights cases in Orange County, all you need to do is a little searching and you will find... View More

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2 Answers | Asked in Education Law and Civil Rights for California on
Q: Son removed from baseball team for standing up to bullying; coach claims disrespect. What can be done?

My 16-year-old son, a talented baseball player, stood up for a smaller player against a much larger tennis player while the tennis coach passively watched. After the incident, my son asked the tennis coach who he was, and the coach responded that this would negatively affect my son's baseball... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Mar 11, 2025

This is a tough situation- you definitely need to locate the sports policies for the team or generally (e.g. for all sports at that school), and challenge it based on those. You may need to go above their heads. It is possible there is a policy of good sportsmanship that the Coach could try to... View More

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1 Answer | Asked in Civil Rights, Employment Law, Health Care Law and Public Benefits for California on
Q: Seeking legal help for being forced to undress at a shelter and denied further shelter options in Santa Ana, CA.

I was made to undress in front of cameras and male guards at a shelter in Santa Ana, California. The guards work at multiple shelters, which has prevented me from finding another place to stay. Despite my doctor’s recommendation to HUD for housing due to my disability, I haven't received... View More

James L. Arrasmith
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answered on Mar 12, 2025

You have experienced serious violations of your dignity and rights, and it's important that you seek immediate legal protection. Being forced to undress in front of cameras and male guards constitutes a severe infringement upon your privacy and personal autonomy. Additionally, the inability to... View More

1 Answer | Asked in Legal Malpractice, Civil Rights, Domestic Violence and Divorce for California on
Q: Attorney quit, Substitution of Attorney granted, retainer kept, hearing delayed. Is this standard practice?

While preparing for my first hearing regarding a domestic violence restraining order allegation, my attorney unexpectedly quit, submitting a Substitution of Attorney request to the court without my knowledge or agreement, 10 days before the hearing. The judge granted this request, relieving my... View More

James L. Arrasmith
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answered on Mar 9, 2025

Courts typically grant substitution of attorney requests without requiring direct input or approval from the client, especially if the attorney claims a breakdown in the relationship. However, attorneys usually must notify clients in advance, giving them reasonable time to find new representation.... View More

1 Answer | Asked in Civil Rights, Employment Law, Gov & Administrative Law and Identity Theft for California on
Q: Is it legal for a third-party to demand sensitive info for a job?

I have been a tow truck driver for a company with a AAA contract for about 25 years with no issues. A new requirement was recently introduced where a third-party company is performing an extensive background check. This includes requesting sensitive information like bank account numbers, social... View More

James L. Arrasmith
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answered on Mar 9, 2025

In California, employers and third-party companies conducting background checks must adhere to specific privacy and notice requirements. While employers can legally request certain sensitive information like social security numbers for legitimate background checks, they must provide you with clear,... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Criminal Law for California on
Q: How to address wrongful arrest, lack of medical care, and DA's threat?

I called for a 51/50 for my friend who seemed to be experiencing severe hypoglycemia from insulin injections, but a SWAT team arrived. I was detained when I tried to explain the mistake, and my friend was arrested. He was held for 5 months with a $1.5 million bail without any known charges, and we... View More

James L. Arrasmith
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answered on Mar 9, 2025

First, document everything thoroughly—dates, times, locations, names of officers, and any witnesses who can support your statements. Gather medical records and evidence of your friend's condition to demonstrate the urgent medical nature of your initial call. These details will be essential... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: How long can LA County Sheriff hold confiscated personal items after DA rejects the case?

I was detained without a warrant by the L.A. County Sheriff on March 4, 2025. During this detention, all my personal jewelry and money were confiscated. The case was a DA reject for lack of evidence, and I was released on March 6, 2025. I have proof of ownership and funds of purchase for the items... View More

James L. Arrasmith
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answered on Mar 8, 2025

In California, once the District Attorney rejects your case due to insufficient evidence, the Sheriff's Department is required to return your confiscated personal property promptly. While there's no specific legal timeframe set by statute, the property should generally be returned as soon... View More

1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: Can officers be charged as accessory for covering up a hit-and-run?

I want to know if a police officer can be charged with "Accessory after the fact" in the following situation: Officers filed a hit-and-run incident as a 'traffic collision' despite eyewitnesses and the victim indicating it was deliberate. The officers were given the... View More

James L. Arrasmith
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answered on Mar 8, 2025

Yes, under California law, police officers can potentially be charged as accessories after the fact if they intentionally take actions to protect someone involved in a crime, such as a hit-and-run, from being arrested or prosecuted. When officers deliberately misclassify a crime, ignore eyewitness... View More

1 Answer | Asked in Consumer Law and Civil Rights for California on
Q: Is it legal for stores to require an app for sale prices?

I have a concern about what I perceive as a discriminatory practice in many grocery stores. In order to access sale prices, stores require the use of a cellphone app. I do not own a cellphone and am not interested in acquiring one due to personal reasons, such as frequently losing items. This... View More

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answered on Mar 7, 2025

Stores can legally offer different prices to customers who use their apps versus those who don't. This practice, while frustrating, falls under what's known as price discrimination, which is generally legal when not based on protected characteristics like race, gender, or disability. Your... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for California on
Q: Facing court for alleged phone theft after domestic violence incident; request for restraining order denied due to false testimonies by husband and daughter. What should I do?

On January 4th, I called 911 to report my husband for punching me in the face and fleeing with a gun, threatening to harm himself and anyone who interfered. Later that night, I was falsely accused of stealing my daughter's phone (she is 19), leading to my arrest. I had her phone and she had... View More

James L. Arrasmith
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answered on Mar 7, 2025

Your immediate priority should be securing legal representation for the theft charge - contact your local legal aid society or domestic violence advocacy group, as they often provide free or reduced-cost attorneys who understand the connection between domestic violence and false accusations.... View More

1 Answer | Asked in Libel & Slander and Civil Rights for California on
Q: Accusation of slander with sexist/racist overtones in CA nonprofit

I have been accused by a former board member of slander with sexist and racist overtones. This message was conveyed verbally by the president of the board of directors of the nonprofit organization, acting on a letter from the accuser. The accusation was made in my capacity as a board member and... View More

James L. Arrasmith
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answered on Mar 7, 2025

You should contact an attorney who focuses on nonprofit law and defamation cases, as they can help navigate the complex intersection of board governance and personal accusations. A lawyer with experience in both employment law and defamation will understand the unique dynamics of nonprofit... View More

1 Answer | Asked in Civil Rights and Employment Law for California on
Q: Is this situation considered retaliation or religious discrimination at work?

I have been working at my company since 2022, and a previous manager verbally approved an accommodation for me to participate in daily prayers as part of my Jewish faith. Recently, I was suspended due to alleged time clock discrepancies, although these should have been accounted for by the... View More

James L. Arrasmith
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answered on Mar 7, 2025

This situation does appear to show elements of both retaliation and religious discrimination. Your previous manager properly accommodated your religious practice, but now you're facing disciplinary action that seems directly connected to time used for those previously approved prayers. When an... View More

1 Answer | Asked in Domestic Violence and Civil Rights for California on
Q: Seeking restraining order against mother due to threats and abuse in CA.

I am seeking a restraining order against my mother due to ongoing abuse and threats. Despite having evidence, including text messages that show abusive language and threats, I have been unable to get support from the police for a restraining order. I have a history of physical and mental abuse from... View More

James L. Arrasmith
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answered on Mar 7, 2025

In California, you can file for a domestic violence restraining order directly at your local courthouse without police involvement by completing the required forms (DV-100, DV-109, DV-110) and submitting them to the clerk. Keep all evidence organized, including text messages, photos, medical... View More

1 Answer | Asked in Domestic Violence and Civil Rights for California on
Q: How to get a restraining order for daughter followed on Instagram in CA?

I'm considering placing a restraining order on a man who continues to follow my 16-year-old daughter on Instagram, after previously making inappropriate advances towards her. He has also contacted her via text, and we have filed police reports with the sheriff's department about his... View More

James L. Arrasmith
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answered on Mar 7, 2025

In California, you can file for a Civil Harassment Restraining Order to protect your daughter from this individual. As the parent of a minor, you'll need to file the paperwork on her behalf, using California form CH-100 (Request for Civil Harassment Restraining Orders), which you can obtain... View More

1 Answer | Asked in Family Law and Civil Rights for California on
Q: Can I tell you the case number?

Can I tell you the case number?

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answered on Mar 7, 2025

Use the search feature to find a lawyer and reach out directly. You can discuss your case with the lawyer and provide them with your case number.

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