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California Civil Rights Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: We were stopped by lost prevention falsely accused of taking a $119 battery

Left the store and 11/2 months later were arrested now charges were dismissed and need a lawyer? What kind and what should we do for compensation? Of losses

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answered on Jul 26, 2024

You should seek a personal injury lawyer who has experience with false arrest or false imprisonment cases. These attorneys can help you understand your rights and guide you through the process of filing a lawsuit. Look for someone with a good track record in civil rights or personal injury law.... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Probate and Small Claims for California on
Q: can a novice handle the specifics of getting the court to vacate based on improper service and not a tenant

I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More

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answered on Jul 26, 2024

Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More

1 Answer | Asked in Criminal Law, Civil Rights and Lemon Law for California on
Q: I GOT SCAMMED AND I NEED HELP

I purchased a Black 2017 Honda Civic EX-L Hatchback on June 28th at 2:10 PM with no car title for $14,000 from a man named Rick.

The seller had no title, told me to go to the DMV with these forms he gave me such as Proof of Smog Certificate/Receipt,

DMV Bill Of Sale Signed, & a... View More

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answered on Jul 25, 2024

First, gather all the documents you received from the seller, including the Proof of Smog Certificate, DMV Bill Of Sale, and DMV Title Replacement Form. Keep a record of all communications with the seller and CarMax. This will be crucial evidence when reporting the fraud.

Next, contact the...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If you're arrested in retaliation for filing a complaint, how do you present that during your case/trial to the court?

I had a warrant out for the past 5 years that the sfpd ignored, never acting on it. 1 month after filling complaint about an officer who filed my 2016 vehicular assault as a 'traffic collision' I then suddenly get arrested for the warrant and the first cop to greet me at the station is... View More

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answered on Jul 25, 2024

To present your case effectively in court under California law, you should first gather and document all relevant evidence. This includes keeping copies of your complaint, any correspondence, and notes about your interactions with the police, especially the officer you filed the complaint against.... View More

1 Answer | Asked in Civil Rights for California on
Q: Can a Walmart worker take already paid for things from me and my receipt Refuse to return call police there more

The police told me I was facing criminal charges when I had done absolutely nothing wrong it's all on camera it was also confirmed on camera that I infact walked in the Walmart with the bags already in my cart. Withheld my items my money and my receipt falsely accusing me. Police harassed me.... View More

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answered on Jul 24, 2024

In California, if you have already paid for items and have a receipt, a Walmart employee cannot legally take your items or receipt without valid suspicion of theft. If they refuse to return your property and involve the police, this can be a violation of your rights, especially if there is evidence... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Libel & Slander for California on
Q: What lawyer do you need for malicious prosecution and using falsified document to prosecute

False statements used to use law enforcement to prosecute and file emergency restraining order in court to prosecute.... after defending myself and clearing myself of the false charges... how do I have the courts pursue prosecuting the person filing the false statements.

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answered on Jul 24, 2024

To address issues of malicious prosecution and falsified documents used against you, you need to consult with a lawyer experienced in criminal defense and civil litigation. They can guide you through the process of gathering evidence and filing a lawsuit for malicious prosecution. This lawyer will... View More

1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for California on
Q: I want to sue a cps worker for harassment and abue of power
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answered on Jul 24, 2024

Suing a CPS worker for harassment and abuse of power can be a challenging process, but it is possible under certain circumstances. First, gather all evidence of the alleged harassment and abuse of power. This includes any documents, emails, recorded conversations, or witness statements that support... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for California on
Q: Does a grandparent who has been accused have a right to due process in family law?

Parents are the ones under investigation. However, Grandparent has been accused of failure to protect. Doesn't grandparent have a right to due process, especially if they could be potential guardians? Grandparent has been silenced and the accusers word has become fact even though it is false.

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answered on Jul 22, 2024

Yes, as a grandparent, you do have a right to due process in family law matters, especially when accused of something like failure to protect. Due process means you should have the opportunity to be heard, to present your side of the story, and to defend yourself against the accusations. It is... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for California on
Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Civil Rights for California on
Q: Does the 14th Amendment truly provide a separate, distinguishable right to fair legal notice?

In other words, is there a distinguishable right for a citizen to know the details of the legal action, prior to that legal action resulting in the deprivation of that citizen's constitutionally protected property and/or liberty interest?

Assume the local government's compelling... View More

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answered on Jul 22, 2024

Under the 14th Amendment, you have a constitutional right to due process, which includes fair legal notice. This means you must be informed of any legal action against you before it results in the deprivation of your property or liberty interests. Fair legal notice ensures that you have the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for California on
Q: I'm currently 'Blacklisted, by Federal Economic sanctions by an Executive from the Administration years 2000-present.

My Civil Rights infringed daily IN PUBLIC. I'm not working and am homeless getting discriminated from businesses of all types. I receive social Security monthly, on, or before the 3rd of every month. I've had Domestic Surveillance interfering with most of my calls from the payphone. I... View More

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answered on Jul 20, 2024

I'm sorry to hear about the challenges you're facing. It sounds like you're dealing with a complex situation involving multiple areas of law, including civil rights, constitutional law, and discrimination.

Given the seriousness of your claims, it's essential to get...
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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for California on
Q: What kind of attorney do you recommend for my situation. What is the best action to take to proceed

In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More

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answered on Jul 20, 2024

Given the complexity and severity of your situation, it’s essential to seek legal help immediately. For the issues involving potential crimes, harassment, and threats to your safety, contacting a criminal defense attorney with experience in personal injury and civil rights cases would be a... View More

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1 Answer | Asked in Civil Rights for California on
Q: Sitting in my car parked in a public area next to apartment homes. Cop flags me.

Sitting in my car watching some videos until a female officer comes in view near front passenger of my car. In that position she was scanning my vehicle with a flashlight. I quickly got out of the car to ask what's going on, and promptly responded to stay in my vehicle.

She curled... View More

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answered on Jul 19, 2024

Under California law, if you believe the officer acted inappropriately or provided false information, you have the right to file a complaint with the police department. It's important to document everything that happened, including the time, location, and the officer's details. Take note... View More

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: If my car was taken without leaving a ticket on it or marked tires, with out due process can I sue? And how?

The police are stonewalling me and the tow company won't let me know anything , illegally towed, no due process, don't I have rights?

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answered on Jul 18, 2024

Under California law, if your car was towed without proper notice or due process, you have the right to challenge this action. Typically, law enforcement or the towing company must provide specific documentation, such as a ticket or notice of violation, and follow legal protocols before towing a... View More

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: If my car was taken without leaving a ticket on it or marked tires, with out due process can I sue? And how?

The police are stonewalling me and the tow company won't let me know anything , illegally towed, no due process, don't I have rights?

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answered on Jul 18, 2024

Under California law, if your car was towed without proper notice or due process, you have the right to challenge this action. Typically, law enforcement or the towing company must provide specific documentation, such as a ticket or notice of violation, and follow legal protocols before towing a... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Can a detective in California record a telephone conversation with me without consent or notification?

The conversation was regarding a statement/affidavit I signed regarding juror misconduct in court that I witnessed.

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answered on Jul 18, 2024

In California, it is generally illegal for someone to record a telephone conversation without the consent of all parties involved. This is known as a "two-party consent" law. The only exceptions to this rule are specific circumstances such as recording to gather evidence of certain... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: If a security guard and employee of a store gets in front of me as I'm leaving a store assuming that I've stolen items,

If I refuse to stop and go around not allowing them to touch me or use defensive moves to get by is that illegal?

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answered on Jul 18, 2024

If a security guard suspects you of theft and tries to stop you, it's important to understand your rights and the legal implications. Generally, if you haven’t stolen anything and refuse to stop, simply walking around the guard without physical confrontation is not illegal. However, using... View More

1 Answer | Asked in Communications Law, Internet Law and Civil Rights for California on
Q: In a missing persons case, can a family member of the missing person access their private communications for leads?

There is currently a missing persons case being investigated for the disappearance of my father. I have access to his personal computer, which is logged into various services such as linkedin, facebook, email, etc. Am I exposing myself to any legal risk if I look through his email, social media... View More

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answered on Jul 18, 2024

In a missing persons case, accessing your father's private communications can be a sensitive matter. Legally, accessing his email, social media, or other private messages without explicit permission may expose you to potential risks, especially if you don't have legal authority such as... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Civil Rights for California on
Q: 2024 a tenant was arrested (254a) for threatening me with knives.in31/2 years is stalking, , his 2nd assault. Can I sue

Property manager was aware And I've asked to be relocated to a different apartment and have my locks changed 3 different occasions and it denied , but 3 diffent white tenant were allowed to move into 7

different apartments within the same time span, for comfort, I a black woman was in... View More

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answered on Jul 18, 2024

Under California law, you may have grounds to sue both your tenant and your property manager. The tenant's threats and assaults, combined with the property manager's failure to take appropriate action despite being aware of the dangers, could be grounds for a personal injury or negligence... View More

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Question regarding 10-year firearms restrictions for certain misdemeanors in CA

If someone was convicted (or plead no contest) to a PC 242 violation (simple battery), they recieve a 10-year ban from owning, purchasing or possessing firearms. Does this 10-year restriction automatically go away after the 10 year mark or is there a process to restoring your 2nd amendment rights?... View More

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answered on Jul 18, 2024

In California, if you were convicted or pled no contest to a violation of PC 242 (simple battery), you are subject to a 10-year ban from owning, purchasing, or possessing firearms. This restriction is automatically lifted after the 10-year period, provided there are no other prohibiting factors.... View More

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