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California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for California on
Q: Am I required to provide proof of exemption for any conditions, and is that the same as requiring proof of disability?

I've been allowed to sit in the library, but they have refused to provide any access to their service unless I can provide an exemption card and I'm trying to find a way to relay to them that enforcing proof of exemption is equivalent to enforcement of proof of disability and unequal... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

Some places of public accommodations want evidence that your condition is genuine. This can be in the form of a letter from your doctor.

0 Answers | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for California on
Q: I've been getting garnished by CSSD for the last 3 years. I jus learned that my income is IRS Notice 2014-7

Difficulty of care payments that are non garnishable (according to child support enforcement agency web page)non taxable non income to me I'm a third party. My aunt is Medicare recipient who is disabled handicapped I'm her live in care provider title 26 sec 131 foster care is difficulty... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If you are arrested before u are arrested do your rights have to be read to you
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

Technically speaking, no, they do not. However, if the police intend to question you--and use those statements against you--they must read you your "Miranda" rights, which includes admonishing you of your right to remain silent and that anything you say can, and will, be used against you... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Rights for California on
Q: Can a homeless program tell me I can't have a pet at Motel 6 when they allow pets .It's the homeless programs rules.

I stayed at this Motel 6 before on the homeless program and we were allow to have our pet.But they have made new rules and then Motel 6 has their rules.2 set of different rules for one Motel 6.Iam just wondering if this is legal .

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

If the pet is a service animal, they cannot discriminate and prohibit you from having the service animal. However, they can likely prohibit animals that are not service animals.

0 Answers | Asked in Child Support, Civil Rights, Collections and Health Care Law for California on
Q: are 2014-7 difficulty of care payments us code 26 section 131 payments garnishable by child support services dept

im a live in care provider for my aunt who is disabled and being garnished for arrears for now 30 year old son. i spoke with case worker at cssd but she knows nothing about it but I think she kinda knows . can I file a law suit against cssd

0 Answers | Asked in Civil Rights for California on
Q: I asked my times record at the dated 11/12/2020 .he sent all.but he didn't send the date of November 12, 2020.

I sent 4 or 5 times message. He didn't give the answer now.I needed for evidence in superior court.What can I do?

0 Answers | Asked in Civil Rights for California on
Q: I asked my times record at the dated 11/12/2020 .he sent all.but he didn't send the date of November 12, 2020.

I sent 4 or 5 times message. He didn't give the answer now.I needed for evidence in superior court.What can I do?

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Health Care Law for California on
Q: My husband is at o.c. irc jail and has pulmonary hypertension and they do not have 1 of the 3 meds he needs. What now?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

A jail has a due process requirement to provide medications that are necessary. To failure to do so is also a violation of the cruel and unusual punishment prohibition in the United States Constitution. I would petition for review.

1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for California on
Q: Can you keep calling in “sick” to be excused from restraining order hearing?

The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

It is up to the court to decide. In the furtherance of justice or upon a showing of good cause, they can extend the hearing date and time.

0 Answers | Asked in Family Law, Civil Litigation and Civil Rights for California on
Q: I have been trying serving a person 5 times using a server- the person is refusing service, what can I do?

The sheriff went three times then I hired a server, each time she is home but has someone answer the door saying she isn’t well and the last time her husband lied that she moved. I don’t know what to do and my hearing with the judge is this Friday. I have proofs of non service to show. I live... Read more »

1 Answer | Asked in Criminal Law, Child Support, Civil Rights and Constitutional Law for California on
Q: What can I do to stop them from losing my paperwork,changing the worker and I consolidate the case to modify this order?

When I my husband left his kids mom he had his kids.Dcss garnished his wages for welfare she collected while they were still together. While going to court the mother applied for welfare in another county where she was in a drug rehab . That county sent him a notice for paternity.He called them... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Sorry but this is confusing. Sit down with a local attorney to discuss your options. [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 Rights for California on
Q: What would be my options for further pushing a matter against a officer who pulled me over 3x , 3rd time was a house awa

What would be my options for further pushing a matter against a officer who pulled me over 3x , 3rd time was a house away from my house at a stop sign. And they impounded my car. The stop initially being for my tinted windows altho all windows were down nd front window wasnt visible coming from the... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

It would depend on the facts and circumstances surrounding the stops. Given the frequency of stops, you should speak with a local attorney immediately. [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 Criminal Law and Civil Rights for California on
Q: How do I go about obtaining an officers personal phone that he used to videotape and arrest ?

The video will clearly show one officer reaching into the back seat of my car where he found in somebody else's bag a big sack of white powder apparently Crystal methamphetamines and continue to stick it in his pocket. This is in California

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

The attorney you hire can request that video from the District Attorney in the discovery process. Speak with a lawyer in your area today. [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... Read more »

0 Answers | Asked in Civil Rights, Landlord - Tenant, Contracts and Probate for California on
Q: I have a question so it is a 2 or three part question involving a civil issue and a tenant issue

So my father recently passed away and my mother was supposedly beneficiary. But she made a contract stating I the daughter would get around 125,000 which I have contract . Then she decided to sell her property where my fiancee and I rent a room she served us with a move out by 10/25/22 around... Read more »

Q: After filing writ of mandate with trial court, what do I file to get a court date?

I filed a petition, verification, and memo of points and authorities. They responded and I filed a response as well. How do I get a court date now? The court is telling me I need to file something else but will not tell me what. This is for a writ of mandate challenging a city's actions during... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Sep 28, 2022

Without knowing a lot more information, it would be very difficult for me to answer your question.

My experience is that when the court tells you to file an additional document, they usually tell you exactly what they want. So if you received some kind of notice from the court, I urge you...
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 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 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 Real Estate Law, Business Formation, Civil Rights and Legal Malpractice for California on
Q: I am living a gated community and HOA has no meeting and no elections for last 5 years since I moved in.

HOA has 5 board members which appointed by president. No elections at all. Is that legal? I have been asked for the election and no board member answers. Also I found out some board member on the position for 12 years and they use HOA water and HOA Garderner for private land. For such small... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

There are attorneys who practice HOA law. Speak with one about your situation. [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 Rights, Elder Law and Health Care Law for California on
Q: 1. My friend (boyfriend) of two or three years has heart issues. 2. His request always is to be housed near me.

3. When being discharged to nursing facility his sister moves him without his knowledge.

He states that she doesn't have durable power of attorney.

He wants me to make decisions so he can be near me. Feels he gets better with me near by

I live in Hemet CA (Riverside... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

He should speak with an estate planning attorney. [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.]

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