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California Gov & Administrative Law Questions & Answers
Q: Arrested for a public intoxication in 2008 and found out in 2014 there was an err on the arrest report and the DOJ

Rap sheet records which the public is able to see and when applying for work to employers to also see as well. Ever since my reputation as a citizen has been destroyed due to having something like that on a government document stating erroneous information. In 2017 this penal code got identified... View More

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answered on Feb 29, 2024

In California, discovering an error on your arrest report or Department of Justice (DOJ) rap sheet can indeed be distressing, especially when it impacts your reputation and employment opportunities. If there's erroneous information on these records, you have the right to request a correction.... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Public Benefits for California on
Q: Does durable power of attorney trump oc social services interferences

Being harrassed and medicare or family member trying to seize our assests

James L. Arrasmith
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answered on Feb 28, 2024

In California, a durable power of attorney (POA) is a legal document that allows one person (the principal) to appoint another person (the agent) to make financial decisions on their behalf, even if the principal becomes incapacitated. This document can grant broad authority to the agent, including... View More

1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law and Municipal Law for California on
Q: Our road was washed away leaving us stranded without electricity and no propane deliveries. We had to evacuate.

When we evacuated we had to hike out across a raging river and had to leave our vehicle. We could not purchase any items without road acess.

Was our home considered uninhabitable?

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, the term "uninhabitable" refers to a living condition that fails to meet basic safety, health, and structural standards set by state and local housing codes. Given the severe circumstances you've described, where your road was washed away, leaving you without... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Hi, This is kinda rather a general question. Can a DA make a public media statement about evidence telling everyone

That information or evidence that is being heard from the public are not true and that certain things definitely did not happen? Stating things as facts.

Is this not prosecutorial misconduct and tainting potential jurors??

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answered on Feb 25, 2024

Under California law, District Attorneys (DAs) have a duty to ensure justice and conduct themselves in a manner that upholds the integrity of the criminal justice system. While DAs can make public statements about cases, they must do so with caution to avoid prejudicing public opinion or... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: Is is possible to have a drop-in child care (3 hours max) option inside a retail store?

I would like to know in which states is it possible to have a drop-in child care option inside of a retail store for a maximum time of 3 hours while parents shop charging a fee.

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answered on Feb 22, 2024

In California, offering drop-in child care services within a retail store is possible, but it is subject to specific licensing requirements and regulations. The Department of Social Services, through its Community Care Licensing Division, oversees child care licensing in California. Any facility... View More

4 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: what can i do if fed ex keep parking in the disabled spot to unload and i have multiple pictures of proof on multiple oc

i have multiple pictures of proof on multiple occasions and keep getting more .. multiple locations at that .i am disabled and do use that spot

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, parking in a designated disabled spot without proper authorization is a violation of state law and subject to penalties. You can take several steps to address this issue, starting with documenting each instance of FedEx parking in the disabled spot with photographs and... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: In California is there a notice posted on the building or served to a property owner before an abatement happens?

If a property owner was cited for various code violations but has corrected them as far as they can tell (some of the violations were written vaguely and a few were incorrect), and the code enforcement officer says they are still not correct, is there a hearing held before the abatement process he... View More

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answered on Feb 20, 2024

In California, before any abatement action is taken on a property due to code violations, the property owner is typically given notice and an opportunity to correct the violations. This is a fundamental part of ensuring due process. The specific procedure can vary by jurisdiction within the state,... View More

1 Answer | Asked in Real Estate Law, Business Law and Gov & Administrative Law for California on
Q: Does the family court in California have the authority to rule on civil business and professional code violations?

I am seeking treble damages along with real estate and cal business & professional code violation damages stemming from a real estate purchase with my former partner soon to be ex wife on a property purchased after the date of separation where she breached our contract and she was the licensed... View More

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answered on Feb 20, 2024

In California, family courts primarily handle cases related to divorce, child custody, spousal support, and similar family law matters. While they have broad jurisdiction over issues arising out of marital relationships, including the division of marital property, family courts do not typically... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for California on
Q: Can the FBI take an arrestee away from the police?

If the FBI, for example, has an informant (non-FBI employee, member of a criminal gang), and the police, without coordinating with the FBI, arrest him, can the FBI take that informant out of custody, given that he is involved in a special FBI operation and they need him? Do they need to ask the... View More

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answered on Feb 21, 2024

When the FBI is involved in a case with an informant who gets arrested by local police, the situation requires careful coordination between federal and local law enforcement agencies. If the FBI deems it necessary to take their informant out of local police custody due to his involvement in a... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for California on
Q: I got a suspended license and 2 points on my record because I let my friend use my car. What should I do?

I let my friend use my second car and the agreement was for him to do so he had to get insurance. which he ended up doing. A few months later, I got a notice that the car hasn’t been insured. A month after that I got a receipt the states my car got towed because it was abandoned and broken into.... View More

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answered on Feb 21, 2024

In this situation, it's important to take immediate action to address the suspended license and points on your record. Start by gathering all relevant documentation, including any communication with your friend regarding the car usage agreement and insurance. Contact the Department of Motor... View More

Q: I am suing the Tax Collector of Riverside County, CA for instructing his office to break CA Tax and Revenue Laws.

did this by telling them to place extra parties of interest in the excess tax proceeds Recommendation Letter to the Board of Supervisors. The judge told me the Board Of Supr. are responsible, yet they sign off on all recommendations the tax collector makes, they don't conduct research, or... View More

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answered on Feb 22, 2024

In California, suing a public official, such as the Tax Collector of Riverside County, for actions taken in the course of their official duties can be complex due to sovereign immunity and various protections that limit liability. However, if there's evidence of willful misconduct, negligence,... View More

Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper

How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More

George W. Wolff
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answered on Feb 7, 2024

There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).

However, it has been defined as:

A “newspaper of general circulation” is a newspaper published for the dissemination of local or...
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2 Answers | Asked in Business Law, Contracts and Gov & Administrative Law for California on
Q: Do I need a license to be a lessor of a vehicle in California?

I would like to use my LLC to purchase a vehicle, then lease that vehicle out to a company I am a shareholder of for its' business use. Does the LLC need a special license to do this?

T. Augustus Claus
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answered on Feb 6, 2024

Generally, if your LLC is engaging in vehicle leasing as a business activity—especially if it plans to lease multiple vehicles or engage in leasing as a regular part of its business operations—it may be subject to regulatory requirements, including obtaining a specific license.... View More

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1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for California on
Q: Can Chime close my account and send an email saying I am not eligible to receive my money back?

Chime closed my account and said I violated their deposit account agreement. They said I can not have my money back its about 800 dollars. I do not understand how I violated anything and they will not provide details or email me back. I am in the military and only used the account for a few... View More

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answered on Jan 27, 2024

If Chime closed your account and is withholding your funds, it's important to understand your rights and possible courses of action. Financial institutions, like Chime, often have policies outlined in their account agreements that may allow them to close accounts for certain violations.... View More

1 Answer | Asked in Employment Law, Civil Rights and Gov & Administrative Law for California on
Q: Can an employee on strike, with only 2 hours out of 8 "assigned" work duties, be docked for the whole day's pay?

About 20,000 "Unit 3" employees in the CSU system went on a one-day strike (1/22/24). This included coaches, counselors, fulltime faculty, part-time faculty ("adjuncts"), and librarians. The university is calling for ONLY those with "assigned work duties" to report... View More

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answered on Jan 27, 2024

In the context of the CSU system strike, docking pay for employees on strike depends on several factors. Generally, if an employee participates in a strike, they can be subject to pay deduction for the time they are not working. This includes both full-time and contingent faculty.

If an...
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1 Answer | Asked in Adoption, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: I’m seeking legal guidance regarding my sons’ non-relative care placements. False information about my background check

Additionally, my kids were placed out of county without a court order, neglecting the involvement of Native American tribes as required. Misinformation has also been provided, such as implying a restraining order against my kids’ father could influence their return. How can I address these legal... View More

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answered on Jan 26, 2024

Addressing these concerns starts with ensuring that all legal requirements, especially those pertaining to child welfare and Native American tribes, are being followed. If your children have Native American heritage, the Indian Child Welfare Act (ICWA) requires specific procedures to be followed in... View More

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: What is the California Code Business and Professions Code for Insurance Agents to file for an Article of Incorporation?
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answered on Jan 23, 2024

Under California law, insurance agents who wish to form a corporation must comply with specific provisions in the California Insurance Code, in addition to the general requirements for forming a corporation under the California Corporations Code. The specific section of the Business and Professions... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: For Zurich vs WCAB, how will this affect appeal petitions that were responded to by WCAB after the 60 time frame but bef

before the December decision by the court? WCAB responded to my petition in my favor after 60 days but way before the December 2023 decision in the above referenced case. Thank you.

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answered on Jan 22, 2024

In the context of the Zurich vs WCAB decision, it's important to consider how California law treats appellate decisions in terms of retroactivity. Generally, a court decision in California applies retroactively unless the court explicitly states otherwise or unless applying it retroactively... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Social Security for California on
Q: I am an SSI recipient, and I am also receiving food stamps as well as conventional housing under a house, choice voucher

I realize that income is very limited and I am under great financial hardship and so I have no other choice but to try and re-enter the workforce; and so I’m wondering since Social Security takes half of one’s income that is under or up to $2000 that is the rule for what is in the bank at one... View More

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answered on Jan 19, 2024

Under the Social Security rules, when you receive SSI and start working, your SSI benefits may be reduced, but not usually dollar-for-dollar. The first $65 of your monthly earnings, plus half of the remaining amount, is not counted. For example, if you earn $650 per month, $65 is disregarded, and... View More

Q: Scheduling hearing on motion for leave to file amended complaint? Question mark

To amend pleading already at issue, with hearing on demurrer already scheduled, shall plaintiff schedule additional hearing on motion for leave to amend?

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answered on Jan 18, 2024

No, the plaintiff does not need to separately schedule a hearing on a motion for leave to amend the complaint in this situation. Here are the key reasons:

- If a demurrer has already been filed, then the case is considered "at issue" and an amended complaint can only be filed with...
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