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California Government Contracts Questions & Answers
Q: How can I do it to see the abode program here in napa for wrongfully taking my room away and throwing my things away

Me and my spouse got into angument at the motel 6 homeless shelter we were housed at in separate rooms, he ended up choking me. That night I went to Safeway and he was outside with two friends he tryed to attacke so I peppered sprayed him his friends called the police on me and had me arrested at... View More

James L. Arrasmith
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answered on Feb 5, 2025

It sounds like you’ve been through a really tough and unfair situation. If your belongings were taken or thrown away without giving you a chance to retrieve them, that could be a violation of your rights. You may want to reach out to local legal aid services or a tenant advocacy group in Napa to... View More

Q: If I post a sign and declare public use what uses are valid and do I have to request permission to initiate this use

There is a dwp owned property that is unlisted by the county near me

James L. Arrasmith
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answered on Jan 22, 2025

I need to be very clear - posting signs cannot legally establish public use rights on DWP (Department of Water and Power) property, as this would constitute trespassing on government-owned land. This could result in serious legal consequences.

The proper way to request public use of DWP...
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2 Answers | Asked in Government Contracts for California on
Q: Hospice fraud

To which government organizations hospice fraud has to be reported? Are courts where FCA is filed included into such organizations ?

Robert Kane
Robert Kane
answered on Jan 21, 2025

I suggest you start by Googling "California hospice fraud."

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Q: I was pepper sprayed by a aggressive 3rd party security guard. Was discriminated against and guard would allow me in.

I visited the Social Security Office in Sacramento to obtain a copy of my daughter’s Social Security card and inquire about my disability benefits. Upon arrival, a security guard stopped me at the entrance, asking about my purpose. I presented my ID and my daughter’s birth certificate, but he... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you experienced that distressing situation. You have the right to file a formal complaint with the Social Security Administration's Office of the Inspector General. Providing them with detailed information about the incident, including names, dates, and any witnesses, can help... View More

1 Answer | Asked in Civil Litigation, Government Contracts and Health Care Law for California on
Q: Enforcing proper service of subpoena for records crucial for lawsuit.

Process server/deposition officer was paid for personal service of discovery deposition subpoena for records of witness.

Proof of service included technical errors.

Process server refuses to re-serve opposed subpoena.

What motion/declaration shall be filed with court, to... View More

James L. Arrasmith
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answered on Jan 3, 2025

You can file a motion for an order directing the process server or deposition officer to properly re-serve the subpoena. Provide a concise statement of the facts showing how the original proof of service contained errors. Attach copies of any supporting evidence that shows the server refused to... View More

Q: I have a question about IEP program.

My son had an evaluation in 6th grade elementary. He tested to be average/normal and it was dtermined he is not eligible. He is now in Jr. High and we have an upcoming IEP annual meeting. He is in special needs class and being monitored. They have lowered his education standards regardless to the... View More

James L. Arrasmith
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answered on Dec 17, 2024

Your concerns about your son's educational placement are valid and deserve attention. If your son was found ineligible for IEP services through formal evaluation, the school should not be placing him in special needs classes or modifying his educational standards without proper documentation... View More

1 Answer | Asked in Appeals / Appellate Law, Government Contracts and Legal Malpractice for California on
Q: Court was empowered to vacate dismissal and to enforce intended settlement on its own motion?

CCP 1008 (c) provides in relevant part. If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.

In conjunction with section 646.6(a) and section1008 (c) does... View More

James L. Arrasmith
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answered on Dec 16, 2024

Under California law, CCP 1008(c) does grant courts broad discretion to reconsider prior orders based on changes in law, but this power has specific limitations regarding settlement enforcement.

The court's authority to vacate a dismissal and enforce a settlement agreement on its own...
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1 Answer | Asked in Appeals / Appellate Law, Government Contracts and Medical Malpractice for California on
Q: I request relevant authorities. Relevant standard of appeal review - fact based.

I request relevant authorities in regard to plaintiff's appeal of court's order denying plaintiff's motion to set aside dismissal of legal action against one of defendants. (Section 904.1(a) (2).)

Relevant standard of appeal review - fact based.

Dismissal was entered... View More

James L. Arrasmith
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answered on Dec 14, 2024

When appealing a denial of a motion to set aside dismissal, the appellate court applies an abuse of discretion standard of review since such motions are inherently discretionary.

Key California authorities include Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 257-258,...
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1 Answer | Asked in Personal Injury, Gov & Administrative Law and Government Contracts for California on
Q: statute or rule specifically: instruction for proof of personal service for records (ccp section 2020.410)

What statute or rule specifically defines instruction for proof of personal service for records (ccp section 2020.410)

Particularly, listing on proof of service documents served on witness with SUBP-010: attachment, exhibit, etc.

Essence of this question is: how laws and rules... View More

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answered on Nov 28, 2024

The California Code of Civil Procedure (CCP) Section 2020.510 addresses proof of service requirements for deposition subpoenas, working in conjunction with CCP 2020.410. The server must complete form POS-020 (Proof of Personal Service) or a similar document that lists every item served, including... View More

1 Answer | Asked in Government Contracts, Health Care Law and Legal Malpractice for California on
Q: "Devil's advocate" question. Improper referral by doctor to out-of-network hospital that resulted into hospice fraud.

doctor, prior pcp, referred patient to out-of-network hospital not covered by patient's medicare.

doctor recorded on admission evidently non-existent lethal disease based only on blood test performed by hospital laboratory and "communicated" by non-existent person.... View More

James L. Arrasmith
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answered on Nov 27, 2024

This situation appears to involve several serious legal issues, including potential Medicare fraud, false medical documentation, and improper patient care.

The hospital's attempt to invoke the ostensible agency doctrine seems questionable here, as the facts suggest direct involvement...
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1 Answer | Asked in Employment Law and Government Contracts for California on
Q: IHHS took all 3 months of my pay because the guy I am helping has a copay. Can they charge me if I just work for IHHS

Can they do that? I am not the one with copay he is and they took all my 3 months back pay from now I am spected to pay taxes for money I never got paid . I been working helping disabled guy for two years and than I stop getting pay but continue working for him. Ihhs said that when this disabled... View More

James L. Arrasmith
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answered on Nov 27, 2024

This situation sounds very concerning, and you should not have to forfeit your wages for someone else's copay obligations. In-Home Supportive Services (IHSS) cannot legally deduct a client's copayments from your wages as their care provider. Your compensation is protected under California... View More

3 Answers | Asked in Employment Law, Gov & Administrative Law and Government Contracts for California on
Q: I work for a city government. I work 15 hour days on occasion and they only pay me time and a half after 10 hours.

I’m considered a confidential employee and do not have a bargaining unit or union protection.

I have been told that because it is a public agency that they follow federal guidelines FLSA, so therefore it over rides the California state labor law. Is this correct?

Neil Pedersen
Neil Pedersen
answered on Oct 28, 2024

It is correct that the wage and hour laws that govern your government job is the federal FLSA and not the California Labor Code. The Labor Code is far more protective of employees than the FLSA. Good luck to you.

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1 Answer | Asked in Government Contracts, Health Care Law and Legal Malpractice for California on
Q: What statute and rule of court defines amendment to objection to demurrer?

Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?

James L. Arrasmith
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answered on Oct 27, 2024

To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Traffic Tickets for California on
Q: post storage hearing

Requested the hearing for the validity of the tow my stored vehicle. Sergeant said the hearing was conducted by phone, I had my registration fees on deposit and moving permit the deputy did not verify status of my registration. He removed my vehicle anyway he said my license was expired but I told... View More

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answered on Oct 14, 2024

It sounds like you’ve had a very frustrating experience, and there may have been some miscommunication or oversight regarding the release of your vehicle. The fact that the sheriff's department release form required the box to be checked, but it wasn’t, could indicate that the vehicle... View More

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Government Contracts for California on
Q: I need of a lawyer to do a billing dispute for a tenant / residential who has a judgment order.

This was a previous eviction in 2020. The tenant was ordered not to pay anyone any money including attorney fees. The plaintiffs' attorney did not clear the debt, and the collections department of the law firm is sending a collection notice to the tenant trying to collect a debt that is not... View More

James L. Arrasmith
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answered on Sep 13, 2024

It sounds like you're facing a complex legal issue involving a billing dispute following a residential eviction judgment. Given the situation where the judgment specifically stated that no money, including attorney fees, was owed, it is concerning that the collections department is still... View More

Q: What is the state going to do with those renters 2-plus months deposit now that it is only one months deposit

Some it’s only one month joe that means renter should be getting a payment back for the difference in deposit can’t use that ls foggy rule on this one

What Gavin Newsom excuse with the other government officials

James L. Arrasmith
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answered on Aug 22, 2024

If California law now limits security deposits to one month's rent, landlords holding more than that amount must comply with the new rules. If you have paid more than one month’s deposit, you are entitled to a refund of the excess amount. You should notify your landlord in writing,... View More

1 Answer | Asked in Business Law, Collections, Government Contracts and Landlord - Tenant for California on
Q: I need of a billing Dispute lawyer (tenant, residental)..
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answered on Aug 21, 2024

If you're facing a billing dispute related to your residential tenancy, it's important to address the issue quickly. You might be dealing with overcharges, unexpected fees, or an issue with utilities that you believe are unfair. Gathering all relevant documents, such as lease agreements,... View More

1 Answer | Asked in Landlord - Tenant, Collections and Government Contracts for California on
Q: Looking for a lawyer to handle a billing dispute who has a judgement order from a previous eviction.

Judgement says the tenant does not pay anything to anyone, no withholdings and now the tenant is getting a collection bill from the plaintiff's attorney's collection department saying the past due has not been paid and they are calling the tenant on the phone leaving voicemail messages.... View More

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answered on Aug 1, 2024

You need legal assistance to address a billing dispute arising from a previous eviction judgment. The judgment states that you owe nothing, yet you’re receiving collection calls and bills. This situation requires immediate attention to prevent further harassment and incorrect billing.... View More

1 Answer | Asked in Business Law, Real Estate Law, Government Contracts and Landlord - Tenant for California on
Q: Is there any lawyer that does billing disputes?

This is a billing dispute that was originally attached to an eviction. The judgement order, I was to pay no money to anyone including attorney fees. I am now getting collection notices from the plaintiff's attorney's collection department. I am a tenant (residential) in needs of some... View More

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answered on Jul 30, 2024

Under California law, there are lawyers who handle billing disputes, particularly those tied to eviction cases. Given the judgment order stating you owe no money, including attorney fees, it is essential to address these collection notices promptly. You have the right to challenge these notices,... View More

Q: In 2008 I was arrested for a public intoxication in California which is a penal code 647 subsection f I did not know....

That the arresting officer did not input the charges right on the police report by not putting the parentheses on each side of the letter f constituting it to be a public intoxication. So with that said unknowingly Force 6 years after 2008 I had a"felony prostitution charge on my doj records... View More

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answered on Jul 18, 2024

You faced a significant issue with an incorrect entry on your criminal record, leading to a severe misunderstanding of your legal history. Under California law, you have the right to request the correction of your criminal record if it contains errors. This process involves contacting the... View More

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