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California Gov & Administrative Law Questions & Answers
0 Answers | Asked in Civil Litigation and Gov & Administrative Law for California on
Q: Can settlement amount be mentioned in Rule 26(f) report in California?

Is there a law or rule that prohibits mentioning the proposed settlement amount in a joint Rule 26(f) report in a civil case in the Central District of California? The defendant's attorney advised against including the amount, but there have been no previous confidentiality discussions.

0 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Personal Injury for California on
Q: What legal action to take for my brother's unexplained injuries in ICU under conflicting custody reports?

My brother, who suffers from epilepsy and lives at a sobriety program, is in the ICU with head injuries and bruising. Records show he was arrested on 4/15, supposed to have court on 4/17 in Inglewood, but was released on his own recognizance on 4/16. Conflicting reports say he was brought to the... View More

0 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Personal Injury for California on
Q: Help needed for brother allegedly beaten by Gardena Police, now in ICU with restricted access.

I need urgent help. My brother has been in the ICU since last week, and we just received a call from the hospital. We believe the Gardena Police Department beat him up. The hospital staff initially contacted us but are now acting as if he is in custody and won't allow us to see him without... View More

0 Answers | Asked in Social Security, Gov & Administrative Law and Public Benefits for California on
Q: Disability checks stopped due to missed court date and pending review. How can benefits be reinstated in CA?

My son's disability checks stopped because I missed a court date during the COVID pandemic after failing to submit requested information about my income sources. Recently, a review confirmed he is still disabled, but the checks haven't restarted. The agency says the status is pending, and... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Required documents for city council members in CA meetings

What documents are city council members in California required to carry and show if asked during public council meetings according to state law?

Robert Kane
Robert Kane
answered on Apr 22, 2025

City council members in California are not required to carry or show any documents during public council meetings.

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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for California on
Q: Mandatory participation in oral arguments in CA civil case hearings.

In the context of any hearing at the Superior Court of California in a civil case, what statutes or rules define the mandatory participation of a party or their attorney in oral arguments? Are there specific requirements or circumstances under which participation becomes obligatory?

James L. Arrasmith
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answered on Apr 22, 2025

In California Superior Courts, participation in oral arguments for civil cases is generally not mandatory, but is governed by specific procedures that vary somewhat by court.

Under California Rules of Court Rule 3.1308, courts that use tentative ruling procedures must make these available...
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2 Answers | Asked in Civil Rights, Family Law, Gov & Administrative Law and Criminal Law for California on
Q: CPS took my son; I was arrested without abuse allegations. What can I do?

I was arrested by CPS and had my son removed from my home in Los Angeles County on March 20, 2025, with no allegations of abuse from my side, only my criminal record. My child's mother, who is currently incarcerated and has a history of substance addiction, had her other children removed from... View More

Mario Tafur
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Mario Tafur
answered on Apr 21, 2025

Under California Welfare and Institutions Code § 300, CPS may remove a child only if there is clear evidence of substantial risk of harm. Removal based solely on your criminal record, without specific allegations of abuse or neglect, may not satisfy this standard unless CPS demonstrates a current... View More

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2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Do city council members need a signed oath at meetings by law?

I'm interested in understanding the legal requirements for city council representatives during meetings. Specifically, is there a law that mandates each council member have a signed oath of office present during meetings? If so, what are the implications if this requirement is not met?

Robert Kane
Robert Kane
answered on Apr 21, 2025

No. City council members do not need a signed oath at meetings. Why would you think this would be needed. Is there a problem imposters? I doubt Donald Trump walks around with his oath in his pocket.

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1 Answer | Asked in Gov & Administrative Law for California on
Q: What is the oath of office for the Governor of Puerto Rico?

I have been elected as the Governor of Puerto Rico and am seeking the official text of the oath of office for ceremonial guidance. Could someone provide me with this text?

James L. Arrasmith
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answered on Apr 19, 2025

The oath is administered by the Chief Justice of the Supreme Court of Puerto Rico and states:

I, as Governor of Puerto Rico, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution and the Laws of the Commonwealth of Puerto Rico against...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Employment Law for California on
Q: How to seal public name and gender change records in CA?

In 2015, while I was a minor, my parents obtained a court-ordered name and gender change (NC 230) for me in California. Unfortunately, due to lack of awareness, the records became public. I wish to seal these records, as my transition status is now being publicized. Currently, I am filing... View More

James L. Arrasmith
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answered on Apr 19, 2025

In California, if you underwent a name and gender change as a minor in 2015, you may face challenges with public records. Recent legislative efforts have recognized this privacy concern. A California bill introduced by Assembly member Chris Ward would require the state to seal any petition filed by... View More

Q: Need legal help for whistleblowing and retaliation protection against police dept.

I have documents and emails showing theft by the police department I used to work for. Additionally, camera footage shows that outside agencies, including police departments, fire departments, private security, and ambulance companies, are tracking and following me in retaliation. I am looking into... View More

James L. Arrasmith
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answered on Apr 18, 2025

Your whistleblower concerns regarding theft by your former police department are protected under California law. California's whistleblower protection laws prohibit employers from taking retaliatory action against workers who report illegal activity to law enforcement officials, and also... View More

1 Answer | Asked in Gov & Administrative Law, Social Security and Public Benefits for California on
Q: How to enforce § 404.2041 for social security fraud in CA?

How do I find a lawyer or administrative law judge to help me enforce § 404.2041 regarding Social Security fraud? I reported Social Security fraud where the SSA ignored my tip and paid the wrong person over $150,000. The perpetrator was sent to prison last year. Despite sending certified letters... View More

James L. Arrasmith
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answered on Apr 18, 2025

To enforce 20 C.F.R. § 404.2041 in California after reporting Social Security fraud, you need to escalate beyond the local SSA office. Since the perpetrator has already been convicted and partial restitution was ordered, you are in a strong position to demand full compliance from the agency. This... View More

1 Answer | Asked in Gov & Administrative Law, Social Security and Public Benefits for California on
Q: Dispute with HUD agency on VA disability as income, lawyer type?

My complaint involves a public housing agency under HUD that is including my VA disability compensation as income. They argue that my compensation does not qualify for exclusion under HUD regulations, as it lacks the label "deferred." I've spent over 500 hours researching and... View More

James L. Arrasmith
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answered on Apr 17, 2025

You should look for an attorney with experience in federal housing programs and administrative appeals under HUD regulations. A Housing Law and Administrative Law attorney will understand the nuances of VA disability exclusions and HUD’s regulatory framework. They can challenge agency action... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: What steps can be taken for wrongful detention by Los Angeles probation due to a failed verification of parole registration?

My wife was wrongfully arrested and kept in custody in Los Angeles for two weeks because they mistakenly thought she hadn’t checked in with a parole/probation officer. She was actually registered with her officer in San Bernardino, CA. They refused to verify this, causing her to lose time from... View More

James L. Arrasmith
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answered on Apr 16, 2025

That must have felt overwhelming and unfair. You should gather all documentation showing your wife’s compliance, including check‑in logs, communications, and letters from her San Bernardino officer.

You need to file a timely administrative claim with Los Angeles County under...
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Q: Inquiry about applicability of 42 U.S.C. § 1983 for punitive damages in a civil case against a doctor in California.

What constitutionally protected patient rights did the doctor violate in relation to 42 U.S.C. § 1983 when they knowingly documented a non-existent terminal disease for hospice induction and refused to provide a patient referral covered by Medicare? This is part of a civil case in California, and... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 16, 2025

42 U.S.C. § 1983 only applies to state and local government officials/employees, or anyone acting under color of state law, i.e. when the person is exercising the authority given to them by the government and the action is taken with the appearance that the government authorized it. In your... View More

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1 Answer | Asked in Gov & Administrative Law for California on
Q: Unable to obtain police report due to technical issue.

I requested a police report from the police department regarding a closed murder case. They informed me there's a technical issue with their computer system that prevents them from printing, downloading, or even viewing the report. What other ways can I obtain a copy of the report?

James L. Arrasmith
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answered on Apr 16, 2025

If you're unable to obtain a police report due to technical issues, there are a few alternatives you can try. Start by asking the department if they can provide any other form of documentation, such as a summary or written statement about the case, while they work to resolve the system issue.... View More

1 Answer | Asked in Business Law, Banking and Gov & Administrative Law for California on
Q: Concern about audit after church employment termination

I worked as a business manager at a church where I prepared checks and bank deposits, and entered all deposits into QuickBooks. A third-party accounting firm reconciled the books, and I counted weekly income with the secretary. I was terminated for taking vacation while accruing vacation time... View More

James L. Arrasmith
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answered on Apr 16, 2025

It's natural to feel uneasy when you hear the word “audit.” Keep in mind that the archdiocese review focuses on the parish’s financial processes as a whole, not on finding fault with you.

You already had a third‑party firm reconciling the accounts, and you completed tasks...
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1 Answer | Asked in Medical Malpractice, Gov & Administrative Law and Personal Injury for California on
Q: Does California Tort Claims Act apply to UC San Diego Health for medical malpractice?

I experienced a medical malpractice incident nearly six months ago at UC San Diego Health, and I am seeking compensation for my injuries. Does the California Tort Claims Act apply to UC San Diego Health, and if so, does that mean they are considered a public entity requiring me to file a claim... View More

James L. Arrasmith
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answered on Apr 16, 2025

UC San Diego Health is part of the University of California system, which is treated as a state or public entity for tort purposes. Under the California Tort Claims Act, claims against public entities must follow special administrative steps before you can sue.

This means you’ll need to...
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4 Answers | Asked in Education Law, Civil Rights and Gov & Administrative Law for California on
Q: Can I sue a school for targeting a student and expelling her unjustly?

Can I sue a school for targeting my child and proceeding with expulsion after an argument? There's an expulsion hearing soon, and discrepancies in her discipline reports suggest they were altered, as the initials don't match the altered names. Additionally, the school allowed my daughter... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Apr 15, 2025

You would have to promptly review this with a litigation attorney to see if there is a cognizable claim, but schools have wide discretion to discipline. More important is addressing the pending expulsion.

The schools can call CPS in- you would need an attorney who focuses on...
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1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: Issues with water and shower access at San Diego shelter.

I am currently homeless and staying at the Dreams for Change tent city shelter in San Diego. We have been facing multiple issues, including no access to drinking water and being denied usage of shower facilities over the last two weekends. These issues have persisted for about two weeks, with... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s clear that the conditions at your shelter are affecting your basic health and safety, which is a serious concern. The first thing you should do is continue documenting all the issues, including the lack of water and shower access, as well as the dates and details of your grievances. This... View More

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