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California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for California on
Q: In CA can an Attorney use sealed records from a dismissed case in a civil case if they claim to got them before Sealing?

A misdemeanor case was dismissed and records sealed via court order and I am a plaintiff in a civil rights case against my local city and the defense has been using the sealed records in discovery such as including the whole set of sealed records in the Admissions part of discovery and asking... View More

James L. Arrasmith
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answered on Oct 16, 2024

In California, sealed records are protected by law, and their use is tightly controlled. If the misdemeanor case was dismissed and records sealed by court order, those records should generally remain confidential unless the court allows otherwise.

If the defense is using these sealed...
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3 Answers | Asked in Consumer Law, Civil Rights, Education Law and Public Benefits for California on
Q: IEP, OC Regional center, IHSS? Where do i begin...

On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Oct 16, 2024

This is a very complex question and depends on the individual facts. The IEP process is the place to address school services, in home education (for a homebound student), related services etc. from the public school district. If they won't qualify him, you can challenge that by asking for an... View More

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1 Answer | Asked in Family Law, Civil Rights and Identity Theft for California on
Q: Can I sue my bio parent's about lying to me about my real parents?

I found out on 23 and me and it has really taken a toll out on me. I lost my job I was and am in a bad place.

James L. Arrasmith
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answered on Oct 16, 2024

I'm really sorry you're going through this difficult time. Discovering such significant information about your parents can be incredibly distressing and overwhelming.

In California, suing your biological parents for not disclosing information about your real parents is legally...
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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for California on
Q: If my lawyers I had for my cases aren't on ur side and tells me to shut up and also lies to the judge on my behave then

Then what James can u please call me please I need ur help with these cases there about my children young children please

James L. Arrasmith
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answered on Oct 13, 2024

It sounds like you’re feeling frustrated with your current lawyers and the way they’ve handled your case. If your attorney is not representing you properly or is being disrespectful by telling you to "shut up," that is a serious issue. You have the right to have an attorney who... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: I was currently in a rehab and they violated my hippa roi exit. They called my wife after I said not to multiple times

I was at residential treatment at Bayside Marin . On an intake, I told the staff member that I do not want my wife to the reason if I were to be kicked out. When I went from detox to the next housing, I told the staff member that I do not want my wife to know the reason why I’m kicked out. I was... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry to hear about what you're experiencing. It sounds like your privacy was not respected, which can be very distressing.

You have the right to control who receives your personal health information under HIPAA. If the treatment center shared details without your consent,...
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Q: Employer at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name.

A worker at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name. He did not let me ready the document he just said “I’m not notary it’s okay just put any name and any signature it could be an alias.” I did so without thinking. What happens?... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 12, 2024

Hard to say. If it were me I'd find a new job pronto.

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1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for California on
Q: Can an attorney help sue a police department for wrongful removal of a child and wrongful arrest?
James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're facing this situation. It's important to understand your rights and the steps you can take to address wrongful actions against you and your child.

First, document everything related to the removal and arrest. Keep records of all interactions, notices,...
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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: I'm need a civil attorney that can help me sue police for wrongful arrest and wrongful removal of my baby. Charges dismi

Please consider me because my case is big and will be worth helping.

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're experiencing this. Finding the right legal support is crucial for your situation.

Start by contacting your local bar association, which can provide referrals to attorneys experienced in civil rights and wrongful arrest cases. Make sure to gather all...
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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: What are my & my kids rights if we are granted an EPO & the father violates it abducts them & cps detains them from him

I fired two idp attorneys for misrepresentation and misinformation, not willing to accept documents or subpoena witnesses. I have no legal representation and the hearings have drug outliner than suppose to. The kids were detained June 29th the jurisdictional hearing is December 3rd. My first idp... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this. As a parent and victim of domestic violence, you have the right to seek protection and ensure the safety of your children. The Emergency Protective Order (EPO) is designed to keep you and your kids safe, and violating it by the father is a... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights, Federal Crimes and Landlord - Tenant for California on
Q: ESAs forced neglect and abuse

The shelter where I used to stay with my wife kicked me out for arguing with her and let her stay,but they would not let her keep them with her.

Instead they told her she has to change rooms and can keep them in her old room by themselves and feed them once a day and scoop the cat boxes but... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult situation. Start by documenting every incident, including dates, times, and descriptions of how your ESAs were treated. This evidence will be important if you decide to take legal action.

Reach out to a local attorney who...
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1 Answer | Asked in Civil Rights for California on
Q: If a defendant fails to give you his evidence 10 days before the civil court date in California. Then uses his evidence

Against yours due to opening statements that are not true. Can a commissioner judge rule in his favor and make an unlawful hurtful ruling in his favor after we both were under oath .

James L. Arrasmith
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answered on Oct 10, 2024

If the defendant failed to provide their evidence 10 days before the civil court date as required by California law, you may be able to raise an objection. California’s discovery rules are strict, and both parties are typically required to share their evidence ahead of time to ensure a fair... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Hello, . I've been having a problem with my civil right to privacy in my home and on line. No one

Has come forward or told me why. My property has been taken and destroyed. I've asked, cried, screened and no one has taken any acountability. They have come into my home without my permission or knowing. My mom's home and ex-father in laws and taken my property. I've e-mailed and... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're going through this difficult situation. To determine if the case JHA)2008-977 involves you, start by visiting the California court's online records or contacting the court directly for more information. Providing them with the case number can help you access the... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: What do I do, a 30 day notice is on my front door today?

I've resided here since 2016.

Louis George Fazzi
Louis George Fazzi
answered on Oct 9, 2024

1. Stay calm.

2. Contact tenant's rights attorneys in your county.

3. Provide clear and specific information, such as what kind of 30 day notice is it, and what does it direct you to do.

4. Follow the advice you get.

That should at least get you started.

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1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: Im 23. 2 years ago I got a 52-50 and then 6 months later got 51-50. Google says I have a lifetime ban from guns

I have been hunting my whole life and have my hunting license since 12 and still have one in pocket up to date. I’m not a danger. The past 2 years I been going to a therapist and have like 100 or whatever good visits. My therapist says I should have no problems getting my rights back and the ban... View More

James L. Arrasmith
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answered on Oct 8, 2024

In California, restoring your gun rights after a conviction involves a specific legal process. You will likely need to petition the court to have your rights reinstated, demonstrating your rehabilitation and good behavior since your convictions. Gather all relevant documents, such as proof of your... View More

1 Answer | Asked in Civil Rights for California on
Q: Hello, Are there any laws against "tenting" a bunk, within a homeless shelter?
James L. Arrasmith
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answered on Oct 7, 2024

There are no specific California laws that directly prohibit “tenting” a bunk within a homeless shelter. However, homeless shelters usually have their own rules and regulations for the safety and comfort of all residents. These rules can include restrictions on creating personal enclosures,... View More

3 Answers | Asked in Civil Rights, Gov & Administrative Law and Immigration Law for California on
Q: Is preserving some form of anonymity possible when filing a pro se civil case against government?

Assuming I am considering to file mandamus/APA case against government is there a way to keep my anonymity, so online searching does not bring up my name in the following two cases? (as far as I know a proper way of keeping my anonymity requires a specific application and I think they don't... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 6, 2024

It would be difficult to preserve the identity of a prospective plaintiff filing under John Doe unless permitted by the judge.

I have not seen a single mandamus with a caption of John Doe.

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2 Answers | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for California on
Q: I work for a school district, I run a kitchen, My VP has yelled at me, kept me from doing my job he has talked about me

I work for a school district, I  run a kitchen, My VP has yelled at me, kept me from doing my job he has talked about me , lied about me  I reported it to my manager and they did nothing even though they seen it..I found out he told my custodian that he can keep me in line because he is close... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 6, 2024

Determine if you have a case by conferring with employment attorneys. Even if you have not been fired a search for “wrongful termination lawyers” will get you to the correct attorneys.

Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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Q: How to ask court permission to record trials

How to ask judge if I or court reporter can record audio instead of written transcripts?

James L. Arrasmith
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answered on Oct 5, 2024

To seek permission to record a trial, start by reviewing the specific rules and procedures of the Fontana, CA court. Each court may have different requirements, so understanding local guidelines is essential. Prepare a formal written request or motion addressed to the judge overseeing your case.... View More

3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What can be done if someone who is 30 never had a job and is in college but wants a job but no one would hire them

I mean it’s not my fault that my family told me to stay in school and now I want to make extra money but no job would hire me what can I do about this is this discrimination is this ageism prejudice etc going on what can I do about this who do I reach out to because this is not supposed to happen... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

There is no meritorious legal claim for age discrimination for those under the age of 40. Sorry. It is perfectly legal for an employer to refuse to hire you if you have no skills or experience, and even if they admit that they are hiring you because of your age, you do not have a legal claim.... View More

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5 Answers | Asked in Estate Planning and Civil Rights for California on
Q: Can an attorney who claims to have personal knowledge submit two different versions of an event to the court? !
Julie King
Julie King
answered on Oct 4, 2024

People can write whatever they want and give the document to the court clerk, who will accept it so long as it is in the right format. But, after that point, the judge and any opposing party will read it. If the information that the witness changed is material (meaning it matters from a legal... View More

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