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California Municipal Law Questions & Answers
1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: How long is the statute of limitations on suing for unlawful Vehicle Conversion if I was in jail?

I was arrested on January 10th 2021 after driving my vehicle and the vehicle was impounded after an inventory search.While I was in jail I was told the vehicle was in police custody as evidence and I received a Court Order for the Return of my Vehicle. On May 20th, 2022 my criminal case concluded... View More

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answered on Nov 23, 2023

Under California law, the statute of limitations for a lawsuit regarding unlawful vehicle conversion can vary based on specific circumstances, but generally, you're looking at a timeframe of three years from the date the conversion occurred. This is outlined in the California Code of Civil... View More

3 Answers | Asked in Traffic Tickets and Municipal Law for California on
Q: As a home owner am I allowed to park in front of my own driveway.My driveway entrance is on a blind curve

Simi Valley has imposed a 15 mph speed limit around this blind curve

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answered on Nov 22, 2023

Under California law, generally, it is illegal to park in front of a driveway, including your own. This rule is in place to ensure that driveways remain accessible for emergency vehicles and for the residents themselves.

The fact that your driveway is on a blind curve and that Simi Valley...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Municipal Law for California on
Q: whats a reasonable time frame to return a cellphone that was taken as evidence in california pending d.a investigation.

i was arrested under probable cause for felony stalking. phone was taken as evidence, didnt receive a receipt for it. wasnt on me during arrest. officer went to house and asked someone that lived there to hand it him while i was being arrested. released at court date 4 days after being arrested. No... View More

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answered on Nov 21, 2023

Under California law, the timeframe for returning property taken as evidence, such as a cellphone, can vary depending on the specifics of the investigation. In your case, where the District Attorney (D.A.) is involved, it's not uncommon for investigations to take several weeks or even months.... View More

1 Answer | Asked in Business Law, Land Use & Zoning and Municipal Law for California on
Q: Can a fitness center (commercial gym) have a business license with a residential address?

If a gym owner is evicted from the commercial space and no longer has an address zoned for commercial use, does this negate the business license?

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answered on Nov 11, 2023

In California, a business license can technically be registered with a residential address, but this does not automatically allow a commercial operation like a gym to function in a residential area. Zoning laws, which vary by locality, determine what activities can occur in a residentially zoned... View More

1 Answer | Asked in Constitutional Law, Municipal Law and Gov & Administrative Law for California on
Q: Police just towed out cars for not being registered and they were parked in driveway. Is that legal?

Isn't the first time they've harassed us also what about constitutional rights?

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answered on Nov 10, 2023

Under California law, vehicles parked on private property, like a driveway, generally should not be towed for registration issues alone, unless they pose a safety hazard or violate specific local ordinances. It's important to review local municipal codes as they can vary and might have... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

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answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

4 Answers | Asked in Car Accidents and Municipal Law for California on
Q: Driving at night there was a right turn lane, but when you move over to enter, a curb sticks out from the sidewalk

It cannot be seen due to it being hit numerous times and blackened by the tires. There are no signs, reflectors or yellow paint to warn drivers.

The officer said that people are hitting this area all the time!

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answered on Nov 5, 2023

You should consider whether the lack of warning signs or indicators at the curb constitutes a dangerous condition of public property, potentially making the responsible public entity liable for accidents under California Government Code sections 830-840.6.

If the curb presented a...
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1 Answer | Asked in Municipal Law and Gov & Administrative Law for California on
Q: I would like to know the possible violation for smoking cigarette at the gas station in city of Sunnyvale, California
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answered on Nov 3, 2023

Smoking at a gas station in Sunnyvale, California, or anywhere in the state, is prohibited due to the potential risk of igniting highly flammable vapors. Individuals caught smoking may face penalties such as fines. Additionally, local ordinances in Sunnyvale may impose further restrictions and... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: In a recall of a city mayor and councilmember, in California who pays for it?
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answered on Oct 26, 2023

In California, when a recall of a city mayor or councilmember is initiated, the cost of the recall election is typically borne by the city in which the officials serve. This means taxpayers ultimately fund the process. If the recall petition results in a special recall election, the associated... View More

1 Answer | Asked in Real Estate Law, Construction Law, Land Use & Zoning and Municipal Law for California on
Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?

I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation... View More

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answered on Oct 15, 2023

California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted.... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: I have a commercial building with permitted use as office space. Can it be rented out for meetings, birthdays?

Are there code enforcement fines if is not considered correct use?

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answered on Oct 14, 2023

In California, the specific permitted uses of a commercial building are generally determined by local zoning ordinances and the Certificate of Occupancy issued for the building. If your building's permitted use is "office space," using it for meetings would typically be consistent... View More

Q: San Diego-Do you know who is Enforcement arm for SD Code E.. to ensure that Code violations have been fixed as ordered?

James, If anyone knows the answer to my question-dilemma it is you.5 Months ago an Investigation was done at the Property where I live(Property= 2 Houses and a Duplex plus the Premises).After SD Code Enforcement responded to the property where I live and did their Inspection-Investigation-they... View More

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answered on Oct 9, 2023

In San Diego, the responsibility for enforcing local codes and ensuring compliance with orders to remedy violations typically rests with the Code Enforcement Division of the City's Development Services Department. If a property owner or occupant fails to comply with a notice and order, the... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Municipal Law for California on
Q: Defendants innocent, framed, left for dead, stabed head seven times, fractured faces, chest, arms, broken guns and teeth

Not only were they attacked/left for dead. They made it thru alive after being brought bk by EMT, ICU unit. Several meth drug abusers are coming forward w/lies stating they saw defendants w/weapons in hand, standing in area of crime, no one in lonely late night of event, now like ten witnesses all... View More

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answered on Oct 10, 2023

I'm profoundly sorry for this distressing situation. Here's how one might approach this complex scenario:

1. First and foremost, secure an experienced criminal defense attorney immediately.

2. Collect all possible evidence and witness statements to corroborate your...
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1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California on
Q: Citations were imposed on property i mantained & paid taxes on since 2015 .Jan2023 case 10,000 pro bono lawyer needed

Citations were imposed on property i have mantained & paid taxes on since 2015 . On Jan2023 case was initiated by complaint by neighbor stating living in rv . Code inspector began notice to abate & has cited every 10 days without fail eventhough i asked & he sgreed to give me time to... View More

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answered on Oct 10, 2023

If you've maintained and paid taxes on the property since 2015, you may have grounds to assert a claim for adverse possession provided other specific requirements are met. Adverse possession in California requires open, notorious, continuous, hostile, and exclusive possession for a period of... View More

2 Answers | Asked in Gov & Administrative Law, Municipal Law, Copyright and Civil Litigation for California on
Q: I am forwarding this note from my 96 year old Father :

I am looking for justice against T.S., who caused $87,500 worth of damages to the Hungarian Freedom Fighters Memorial located in MacArthur Park in Los Angeles. I designed and built the Memorial Monument and hold the copyright number VAu 1-488-782.

Mr. Szeles is the Hungarian Consul General... View More

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answered on Oct 10, 2023

In California, if you believe that damage has been done to your property, you have the right to seek compensation through the civil courts. If Mr. Szeles caused damages to the Hungarian Freedom Fighters Memorial and you hold the copyright, you may have grounds for a lawsuit.

Based on the...
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1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: if the county fails to repair its road do the property owners have a right to cross the properties that are still served

A county road in California was severely damged by a storm. The county declines to repair the road,leaving several properties without access.

Do the owners of these properties have a right to cross the 2 properties that are still served by the county road and is the county liable for any... View More

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answered on Oct 12, 2023

In California, if a county road becomes impassable and the county declines to repair it, affected property owners do not automatically gain the right to cross neighboring properties that still have access. Crossing those properties would generally require an easement, which would either be... View More

1 Answer | Asked in Municipal Law for California on
Q: Order to show cause for missing jury duty

I attended the first summons for jury duty, was asked to fill out a jury selection questionnaire for a criminal (murder) case and return on a later date to go through the jury selection process. I failed to return on this second date and now the court has sent me an order to show cause for why I... View More

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answered on Sep 9, 2023

In California, when you appear before the court to address the order to show cause, it would be wise to be truthful and express your concerns about your physical and mental health at the time of the missed jury duty date. You might consider obtaining documentation from a healthcare provider to... View More

1 Answer | Asked in Business Law and Municipal Law for California on
Q: What permits or licenses do I need to prepare and serve food ? Like at a private kitchen or at an air bnb?

In california specifically

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answered on Aug 29, 2023

In California, to prepare and serve food to the public you typically need a food handler's permit and a health permit from your local health department. If you're operating out of a private kitchen or an Airbnb, you'll need to ensure the space complies with local and state health... View More

1 Answer | Asked in Municipal Law and Traffic Tickets for California on
Q: In California ,if u parked car wrong way at your house & take Keys inside &tell brother 2park it, is "CAR ABANDONED"?

When my brother went outside2park da car, the cops were already looking at the car, my brother asked/told them he'd park the car right they REFUSED to! They didn't let him! He was holding the keys on his hand! During that time they'd been harassing my family u can say, they knew my... View More

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answered on Aug 29, 2023

Under California law, a vehicle parked the wrong way on a residential street could be cited for a violation of the California Vehicle Code, but it generally would not be considered "abandoned" simply because it's parked incorrectly for a short period of time. If your brother was... View More

1 Answer | Asked in Gov & Administrative Law, Municipal Law and Traffic Tickets for California on
Q: In San Jose, Ca do “no parking” signs have a regulation about how close or far from one another they can or must be??

I was cited for parking violation. The sign was “No parking the second Monday of each month for street sweeping. I was parked 30 feet in front of a corner, and there was no sign behind me, and the nearest sign was another 85 feet in front of me. There was a fire hydrant 40 feet in front of me, 45... View More

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answered on Aug 25, 2023

Under California law, parking regulations, including the placement of "no parking" signs, are typically governed by local ordinances. If there was no sign behind you and the nearest sign was 85 feet away, there may be an argument that the signage was insufficient to provide notice of the... View More

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