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California Gov & Administrative Law Questions & Answers
0 Answers | Asked in Gov & Administrative Law for California on
Q: Received final approval rent relief email Aug 5. Application is under review again. Call center has no answers.

The notice said the check would be mailed in 7 to 10 business days and THIS NOTICE IS CONSIDERED A “FINAL DECISION” UNDER THE COVID-19 RENTAL HOUSING RECOVERY ACT (Chapter 6 of Title 3 of Part 3 of the Code of Civil Procedure) *

0 Answers | Asked in Gov & Administrative Law for California on
Q: A school cop says public School owned by the district is private property for purposes of a law restricting bikes on pp

The School district is named as the property owner of a public elementary school and a School resource police officer is saying this law applies to the prohibition on that property because it is private property owned by the school district.

"It is unlawful for any person to ride upon... Read more »

0 Answers | Asked in Contracts, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: Deprivation of tenements without notice or process remains unreported. Undue delay of Tort remedy. Kern County.

I am labor trafiic. Saving me by further depriving me of rights and refusing protection of the law is how terrorists happen.

0 Answers | Asked in Employment Law, Civil Rights, Gov & Administrative Law and Public Benefits for California on
Q: What to do about union and district had incorrect said 'not eligible' for paid healh benefits while on disability leave?

While I was on medical leave i asked the union and the district about my eligibility for district paid health benefits. I was told I was not eligible. Tried to return to work from leave at 50% capacity with accommodations. Not accepted back. Seprated. Union said too late now for those benefits... Read more »

0 Answers | Asked in Gov & Administrative Law for California on
Q: Can I buy a hunting rifle at 18 in california with a hunting license? Can i buy a bow at 18 with a hunting license?

I was wondering if there was any exceptions to the gun laws because I can have a hunting license but how am I supposed to hunt with not gun lol

0 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: In LA superi court can you submit in 1 response: Response to Declaration and Motion/Request to Deny Automatic Extension?

I am submitting a "Response to Declaration of Demurring Party of Moving Party In Support of Automatic Extension" and wish to add, "And Motion/Request to Deny Automatic Extension. Is it acceptable to submit these in 1 pleading? And do I have to go to the court to obtain a date for a... Read more »

0 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: Sept 16, served Defendant Writ in person. How to object to Defendant filed extension to meet and confer on 11/14?

Defendant's counsel stated that he was not in the office to receive the personal service of the Writ of Mandate. Somebody else from counsel's office accepted the Writ. This was not brought to the court's attention on October 19 hearing by my attorney. Attorney "fired".... Read more »

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: What legal actions can be taken against a doc that removed a grievance form from my personal file

I filed request form, then grievance form, then grievance appeal form while in custody.

After release went to county clerks office to get copies of particular case copies and the grievance form was not in the system, but grievance response was present

Louis George Fazzi
Louis George Fazzi
answered on Nov 18, 2022

You have provided insufficient information which would permit a reasonable response to your inquiry. I would like to see a lot more detail, for example, the who, when, where, how and why of the events so I could get an idea of what the issue is. Ideally, you should provide a chronological... Read more »

0 Answers | Asked in Gov & Administrative Law for California on
Q: If I want to sue the DOJ how do I exhaust all administrative remedies. How do I initiate the process-is their a form?

DOJ through misconduct denied my gun purchase or at least created an issue because Gun sellers will not sell a gun to a person with an UNDETERMINED status coming from the DOJ. Even on the DROS document given to the Gun seller that gives the status of UNDETERMINED it states the I have no felonies,... Read more »

1 Answer | Asked in Family Law, Civil Rights and Gov & Administrative Law for California on
Q: If im 19 and want to move out to another town can my parents legally stop me
Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2022

No. You are an adult now. But be careful to think through the consequences of your actions.

0 Answers | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for California on
Q: Does CERCLA still apply to a hazardous release over reportable levels if mitigation is deferred back to local authoritie

Referred to EPA due to insufficient resources followed by a year long lapse of jurisdiction. So protocol for mercury is just wait it out and don't report violations in the interim?

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Small Claims for California on
Q: What can I do if tow yard sold my car because the DMV incorrectly told me I could not oppose lien that was not filed.

I was unlawfully towed from private property and could not afford to pay for release and go to small claims. The DMV told me i could not oppose a lien because no lien had been filed and all i could do was a curtesy stop request that involved getting a court date and suing the DMV. I spoke to them... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 22, 2022

There is no easy solution to your problem.

You need to contact a lawyer who can advise you what to do.

Prepare a detailed chronology of the events as they happened. Name all the witnesses, and make copies of all the documents relating to what happened. Then take these materials to...
Read more »

1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for California on
Q: How are fences destroyed by wildfire covered under CA law regarding fences?

We lost our home in the Tubbs Fire on 10/09/17 in Santa Rosa, CA. Still dealing with Nationwide. They are saying the fence is under coverage "B", Other Structures. I am arguing the fence should fall under coverage "A", Dwelling because it was attached to the house on both sides.... Read more »

Neil Anapol
Neil Anapol
answered on Oct 10, 2022

Fences are always considered to be other structures. I don't know of any California cases that hold differently, and I suspect that the Texas case you cited has some unusual nuance to it that led to that result. Given that this fire occurred over five years ago, its hard to see how you could... Read more »

Q: Are inspection warrants rqd. to contain the same elements as criminal warrants , ie., Seal, clrk stamp, 2b legal?

An inspection warrant was served upon my property. The probable cause was was due to noise complaints, per fire marshal. No evidence of existing health or safety violations, or noise citations. Accused of selling alcohol, w/out evidence. Warrant looked incomplete, no Seal, no clerk stamp, and... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 7, 2022

You will need a lawyer with experience in dealing with code enforcement issues with local governments.

Inspection warrants need to be issued by a judge on a showing of some probable cause to issue the warrant. You should have been given a copy of the warrant, which you can give to whatever...
Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: My husband has been going through social security for 10 years trying to get Social Security disability and my entitled

My husband is getting a lump sum from Social Security back pay am I entitled to any of it if we divorce

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

For disability, no it would not. See In re Marriage of Peterson (2016). Federal law preempts state law, and federal law provides that social security disability is considered to be separate property.

1 Answer | Asked in Gov & Administrative Law for California on
Q: Is it the job of the CA AG to review proposed laws for state and federal constitutionality? Or does he have no say so?

https://www.zerohedge.com/news/2022-10-01/newsom-attempts-void-1st-amendment

Shouldn't the CA AG have stepped in before this law was passed?

James L. Arrasmith
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answered on Oct 4, 2022

The attorney general at times defends unconstitutional laws. For example, if a person sues the state of California to prohibit some implementation of the law based upon a claim for unconstitutionality, the attorney general may defend that law against a constitutional attack.

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, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... Read more »

James L. Arrasmith
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answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

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

A loan is not income. [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 Appeals / Appellate Law and Gov & Administrative Law for California on
Q: Can I appeal test results for the psi exams firearms assessment.

Is there a way to appeal test results with an in-person exam?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

More information is needed. Speak with a gun rights attorney near you. [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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