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California Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for California on
Q: If Elon Musk works in Trump's WH. Is he required to resign as CEO of entities with Government contracts?
James L. Arrasmith
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answered on Nov 16, 2024

Federal conflict of interest laws, particularly 18 U.S.C. § 208, prohibit executive branch employees from participating in matters affecting their financial interests. The STOCK Act and other ethics regulations require senior White House officials to divest from or place in blind trusts any... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Is it possible to Class Action sue Indeed.com for silincing my genuine opinion and due to this abuses persist?

I am seeking legal guidance regarding a potential class-action lawsuit against Indeed.com for silencing legitimate employee reviews, including my own. Recently, I attempted to post a truthful review about an abusive work environment at Din Tai Fung. My review was rejected without transparency or... View More

James L. Arrasmith
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answered on Nov 14, 2024

While your frustration with Indeed.com's review process is understandable, pursuing a class-action lawsuit would likely be unsuccessful because private companies have the legal right to moderate content on their platforms. Indeed.com, as a private entity, is not bound by First Amendment... View More

1 Answer | Asked in Family Law, Constitutional Law and Elder Law for California on
Q: Can my sister take me to court to take away my mother's ashes that I am in possession of?

My siblings agreed to keep my mother's ashes at my house but one of my sisters her and i are not on talking terms anymore and she is now demanding to take our mother's ashes. However my sister is unstable and an alcoholic and I don't trust her with my mom. And now she's telling... View More

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this challenging situation. Having an agreement with your siblings to keep your mother's ashes at your home is an important factor that the court will consider.

Your sister does have the right to petition the court to gain custody of the ashes,...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I recently was arrested when i refused to identify myself 8/31. Once fingerprinted, i was housed due to several warrants

When i appeared in court 9/2, they dismissed all the cases i had warrants for and i was released by the judge. After court however i wasn't released. Still incarcerated, a warrant issued for my arrest 9/4 Then i was brought back to court and the public defender had me sign a plea agreement for... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your situation raises serious concerns about proper legal procedure and your constitutional rights. What you've described suggests potential violations of your right to be informed of charges against you and your right to a timely arraignment.

In California, you should typically be...
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2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: I was wrongfully accused, deprived of due process and had major loss due to it. Can i sue county? All charges dropped

I bailed out was told by county clerk i had no case after going to court, fast forward 2-3 years no notice i get pulled over arrested and had to post bail again, $9000 and $7000, lose my job due to arrest, find 2 jobs after but cannot pass background check. Kost all my benefits, license because I... View More

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

Yes you can. You have remedies available under state and federal law, and I urge you to take advantage of them. You'll need a competent lawyer with the education, training and experience necessary to properly represent your interests. S/he should be a lawyer for the people, who seek to protect... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: If a state parole agent took it upon himself to keep me on probation two years longer than he should have I did three vi

Violations at 6 months apiece they had no court order. When it was heard in San Francisco the judges said it was a moot point I wasn't in jail I wasn't on probation anymore what about my last time in my incarceration in the shittyest jail maximum jail around . I was on probatiom more... View More

James L. Arrasmith
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answered on Nov 15, 2024

This situation involves serious potential civil rights violations, particularly regarding unlawful extension of probation without proper court authorization. You might have grounds for legal action under Section 1983 of the Civil Rights Act, which allows people to sue government officials who... View More

2 Answers | Asked in Divorce, Civil Rights and Constitutional Law for California on
Q: Opposing counsel is ignoring my request for documents and notes, and stipulations, and other POS docs supposedly served.

Now that I am prose, I need to these items before I can move forward with our case

How do I accomplish this phone

Robert Kane
Robert Kane
answered on Nov 4, 2024

You can request your file from your previous attorney.

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1 Answer | Asked in Family Law, Constitutional Law and Domestic Violence for California on
Q: What does CCP 1008 b mean

(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, CCP 1008(b) allows you to file a new DVRO application if you have new or different facts, circumstances, or law to present - this is different from a motion to reconsider.

To file a new DVRO application based on new circumstances, you'll need to submit a fresh DV-100 form along...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can a police officer Search my driveway on everything on it with a civilian for something stolen?

The police officers told me that they would need to search my house and look in my garage. The person claiming we stole the bike because the air tag was in our location was allowed to “look around” with the officers. I was not present for any of this. The officers also came to my parent's... View More

James L. Arrasmith
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answered on Nov 15, 2024

Based on what you've described, there are serious constitutional concerns with how this search was conducted, particularly under the Fourth Amendment.

Police generally need either your consent or a valid search warrant to search your property, including driveways and areas around your...
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2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for California on
Q: I NEEDA LIST OF LAWYERS THAT HAVE WON CASES AGAINST THE LOS ANGELES COUNTY JAIL FOR SEVERLY INJURED INMATES DUE TO NEGLI

NEGLIGENCE INADEQUATE MEDICAL CARE MALPRATICE CIVIL RIGHTS VIOLATION PREMISES LIABILITY PERSONAL INJURY AND TORTS THAT APPLY

William John Light
William John Light
answered on Nov 3, 2024

Dale Galipo

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can a prosecutor be sued for racial discrimination and abuse of power?

I am continuing to seek advice and would like to try here on this site as well. I would like to know if people can sue prosecutors for intentionally protecting an individual on the basis of race/ethnicity while denying the victim any justice on the basis of race/ethnicity? One of the DA's... View More

James L. Arrasmith
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answered on Oct 31, 2024

You may have grounds to pursue a lawsuit if you believe a prosecutor has acted with racial discrimination or abused their power. Civil rights laws, such as Section 1983, allow individuals to sue government officials for violating their constitutional rights. If you can demonstrate that the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Insurance Bad Faith for California on
Q: Fired CA atty settled $100K higher pro-se in OR. interpleader bd faith, took way too much out. Any actions I can take?

Underlying case was an Oregon shooting. I fired my CA atty once I learned he didn't know Oregon laws which harmed me at mediation, he wasn't prepared. He then damaged my repuation with new attorney in OR with severe defamation. It worked. Guy quit. 22 months later i settled pro se.... View More

James L. Arrasmith
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answered on Oct 25, 2024

I'm sorry you're experiencing these challenges. It would be best to reach out to a qualified attorney who can review your case in detail. They can help you understand your options and guide you through the legal process.

Additionally, consider contacting your local bar association...
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3 Answers | Asked in Consumer Law, Civil Litigation, Constitutional Law and Legal Malpractice for California on
Q: What can I do after proving a client 'Blacklist' shared amongst law firms does appear to exist?

Spent 2 years searching for an attorney and noticed I was always getting turned down before having a single conversation or consultation. No Q&A. I decided to then submit an identical case description but used a different name/contact info. And now I'm getting calls left and right. I... View More

Robert Kane
Robert Kane
answered on Oct 25, 2024

If there is such a list, I don't subscribe. A simple Google search can reveal information that may telling.

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2 Answers | Asked in Civil Rights, Constitutional Law and Municipal Law for California on
Q: Can I get my van from the tow yard with waiving it cause I'm homeless and the towed my home.it was registered insured.

I just want to know if I can have my towing and storage fee waived because I am homeless.i don't even know why my stuff was not allowed for me to take my belongings from my home before it was towed.i was also curious about my rights being violated.they searched me and told me to sit by the... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

I'm sorry to hear about what you’re going through. In California, getting your towing and storage fees waived due to homelessness is possible in some cases, but it’s not automatic. Many cities and counties have programs or fee waiver options for low-income individuals or people... View More

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Q: How to appeal an appellate court decision from Los Angeles Superior Court ?

I was maliciously prosecuted by the catholic church for a crime that never happened. A jury found me not guilty. My public defender missed the deadline for filing my factually innocent. I lost in Superior court twice and in Appellate court twice. I lost in appellate court twice. My court... View More

Michael Patrick Hernandez
Michael Patrick Hernandez
answered on Oct 30, 2024

I'm sorry to hear about your situation; it sounds incredibly challenging and frustrating. If you've been through multiple levels of court and are facing difficulties with your representation, you may still have options for appealing your case or seeking legal recourse.

Seek New...
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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

1 Answer | Asked in Constitutional Law for California on
Q: How do I get my transcripts corrected for accuracy in my trial record when the judge refused and defended reporter?

I made notice that transcript has errors and statements never made and wanted to augment the transcripts

In my granted continuance for my motion to reconsider,

I also requested to correct reporter’s transcript that had statements inaccuracies.

Then asked for permission to... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're facing these challenges with your trial transcripts. Ensuring that your trial record accurately reflects what transpired is crucial for a fair legal process. Start by formally documenting each error you’ve identified in the transcript, including specific pages and lines... View More

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

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

2 Answers | Asked in Employment Law and Constitutional Law for California on
Q: Is this legal? they are coercing me to cover negative amounts in order to

get funds, I put in to cover previous amounts I attempted to cover and the salary/commission

,

Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.

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