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California Uncategorized Questions & Answers
Q: I am part owner of my parents home. My dad passed and my sister is part owner too. She has locked me out of the home
What rights do I have?
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James L. Arrasmith
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answered on Jun 28, 2025
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answered on Jun 28, 2025
If you are a co-owner of your parents' home, your sister cannot legally exclude you from the property without a court order. In California, co-owners each possess an undivided interest in the entire property, meaning you both have equal rights to occupy and use the premises unless a judge... View More 
Q: The owner of my apartment complex consistently communicates with me in a threatening and harassing manner.
Today, he crossed a boundary by calling my daughter at work without attempting to contact me first. This was the first time he's ever contacted her, and I'm unsure how he obtained her phone number.
When I returned his call, he accused me of having an unauthorized occupant in my... View More
Tim Akpinar
answered on Apr 19, 2025
answered on Apr 19, 2025
As my colleague indicates, it's possible that a letter from a law firm could be a step toward stopping such conduct, as well as a consult with a L-T tenant attorney. Under the "Find a Lawyer" tab above, this Justia site lists many experienced California landlord-tenant attorneys by region. Good luck
Q: My daughter suffered a seizure while on a Disney cruise in the care of a crew member in the small world nursery.
They will not turn over the CCTV footage they have of the seizure for me to give to my daughter’s pediatrician. Do I have any legal right to this footage?
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James L. Arrasmith
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answered on Mar 19, 2025
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answered on Mar 19, 2025
Your situation sounds incredibly stressful, and I understand your concern about obtaining that CCTV footage for your daughter's medical care. The footage could provide valuable information for her pediatrician to understand what happened during the seizure.
In general, parents do have... View More
Q: Had galbladder surgery. Supposed to take 2 hours took 7hrs. Had complications stayed in hospital a couple days I started
Started feeling burning sensations . Told the Docter and nurses. They said it’s part of healing . Got worse so I told the Docter something is wrong and it’s hurting really bad . They said it’s healing. 3 days go by in excruciating pain . They kept giving me medicine but nothing was helping.... View More
Tim Akpinar
answered on Mar 17, 2025
answered on Mar 17, 2025
I sorry for your ordeal. As my colleague correctly advises, the type of lawyer you want to reach out to is a medical malpractice lawyer. Most law firms will offer you a free initial consult. You could search for California law firms online. Additionally, the "Find a Lawyer" tab above and... View More
Q: Why is it so hard to get justice and closure
I have been filing multiple reports of crime in you’re jurisdiction
the police are corrupted and they pick and choose who they want protect and serve in the community. I am a victim of multiple crimes, bullying being targeted by gangs and more. I would like to file a complaint against the whole police department as well I have been reaching out to the state of... View More
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James L. Arrasmith
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answered on Feb 15, 2025
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answered on Feb 15, 2025
I hear how frustrated and hurt you are by this situation - experiencing crime, discrimination, and feeling dismissed by the very people meant to protect you is deeply unfair and traumatic. Your feelings about the police department's response are completely valid.
For immediate support... View More
Q: Do I have a case for a car i bought from 3rd party who misrepresented that the vehicle was good
I called her the next day to tell her about a noise and I've been trying to give it back and she just been being to me about alot
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James L. Arrasmith
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answered on Feb 15, 2025
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answered on Feb 15, 2025
You may have a legal case under California's consumer protection laws, particularly if the seller knowingly misrepresented the vehicle's condition. California law requires sellers to disclose known material defects that could affect safety or value.
Documentation will be crucial... View More
Q: I was at the recycle company trying to turn some items for cash i have this bronze Cross withe Jesus on it,
The worker at the time did not want to cash in on the bronze. He said it was bad luck.. I fill so stupid I don't know why it's like I don't want to step in that place again. Am I being discriminated on?
Tim Akpinar
answered on Feb 19, 2025
answered on Feb 19, 2025
It might not necessarily be discrimination. Religious castings can carry strong symbolism for many people, and that could have been the reason. It's possible the person did not want to be involved in the recycling process of religious items, which would involve their melting and destruction.... View More
Q: is it illegal to persuade a person with an intellectual disability to cosign for a car loan he won’t be driving?
The person who persuaded him to take the car loan also persuaded him to deposit his paycheck in her bank account.
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James L. Arrasmith
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answered on Feb 15, 2025
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answered on Feb 15, 2025
What you're describing appears to be financial exploitation, which is illegal under California law. Taking advantage of someone with an intellectual disability to obtain loans or gain control of their finances constitutes elder/dependent adult abuse, which can result in both criminal charges... View More
Q: Yes, in California. I broke somebody's window. But the following day I fixed it. I paid for it. Does that make me guilty
The person the vehicle off broken window. It's stating that I did not pay 4. The window which is a lie
Tim Akpinar
answered on Mar 8, 2025
answered on Mar 8, 2025
Although you compensated the victim for property damages, the act had already been committed. Try to straighten things out with proof of payment in some form, such as check or other means, if you are resolving this between the two of you. If there are pending charges, it would be best to consider... View More
Q: If I get a restraining order against someone for giving my 15 yr old a controlled substance do they have to leave my hou
The person lives in my house but has been asked to leave several times because they were never supposed to stay
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James L. Arrasmith
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answered on Feb 10, 2025
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answered on Feb 10, 2025
Having someone give controlled substances to your minor child is an extremely serious situation that warrants immediate action. You have every right to be concerned and to take steps to protect your child.
In California, when you obtain a restraining order, the court can order the... View More
Q: May I request a modification to an official restraining order?
My family has been terrified by this perpetrator for more than 24 years. I have been through a temporary restraining order for 6 months. The Judge only granted me a short term official restraining order. So, I submitted a modification of an official restraining order.The coming court date will... View More
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James L. Arrasmith
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answered on Feb 8, 2025
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answered on Feb 8, 2025
If your request to modify the restraining order is granted, the court will determine whether the perpetrator’s three direct family members should be included in the order. The judge will review the evidence you provide to decide if they have actively participated in harming you or your family. If... View More
Q: Is changing a winner selection date on a sweepstakes without informing applicants illegal in the states of CA and UT?
There was a sweepstakes that in the terms and conditions accidentally put the wrong date to select a winner. This date has now officially changed without any notice to anyone who applied for the sweepstakes. Is this illegal? How to proceed?
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James L. Arrasmith
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answered on Feb 8, 2025
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answered on Feb 8, 2025
In both California and Utah, changing sweepstakes terms without proper notification could potentially violate consumer protection laws and regulations governing promotional contests. The failure to inform participants about modified terms, including winner selection dates, might be seen as a... View More
Q: I had my rv towed to impound lot, payed fees, etc. Been trying to get it back , but tow company is dragging feet.
In my area there are only a couple tow companies that can tow it out.Nobody wanted to tow it because they don't like dealing with that impound yard, and a million other excuses. It sat in there yard for 5 months then the Impound yard moved it to there other yard and they " buried it"... View More
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James L. Arrasmith
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answered on Feb 7, 2025
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answered on Feb 7, 2025
Your situation sounds incredibly frustrating, and it's clear the impound yard isn't treating you fairly despite your best efforts to work with them.
Since you've already paid the fees and legally own the RV, the impound yard can't indefinitely prevent you from accessing... View More
Q: My lawyer has not been able yo serle my case in years and si ignoring my calls
Tim Akpinar
answered on Feb 17, 2025
answered on Feb 17, 2025
The general rule is that clients are free to dismiss their attorneys. Likewise, attorneys are free to withdraw from representing clients (outside of a few exceptions). It's possible your attorney could assert a lien (a claim for their services and expenses to date), but that would depend on... View More
Q: Do I have any recourse? Can I press charges for the items I didn’t authorize? Can I sue? Please help!
My son has had the same best friend since he was little; they share an apt now & I rent from his mom. I was asked by his mom to co-sign on a truck loan for my sons friend. A year later, she asked me to get a small loan. She said she would make the pmts for both loans. Her son traded his truck... View More
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James L. Arrasmith
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answered on Feb 5, 2025
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answered on Feb 5, 2025
Yes, you have several legal options available in this situation, as this appears to be identity theft and loan fraud. You should immediately file a police report documenting all unauthorized accounts and inquiries, which will be crucial evidence for pressing criminal charges against the person who... View More
Q: Am i using the wrong words? Why cant i get help to stop being robbed by predatory lender?
Its like ocwen has the government’s stamp of approval. They do whatever they want; lie, cheat, and steal. I have filed seven complaints with the cfpb, three with the dbo, one each with the occ, tafcr, dob, ag, and my congressman. All for nothing.
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James L. Arrasmith
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answered on Feb 5, 2025
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answered on Feb 5, 2025
It sounds incredibly frustrating to feel like you're fighting an uphill battle against a predatory lender like Ocwen, especially when it feels like no one is listening or taking meaningful action. The reality is, it can be difficult to navigate these systems, and it's easy to feel... View More
Q: I car from a private seller, they gave a fake title. The car got repoed a month later by dealership.can I get money back
I bought a car from a private seller, I was given a fake title. The car ended up getting repossessed a month later and was returned to the dealership. The private seller used a fake id to obtain the car on finance or loan. Then sold it to me with a fake id. They don’t know who the person is, but... View More
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James L. Arrasmith
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answered on Feb 4, 2025
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answered on Feb 4, 2025
You're in a difficult situation that involves multiple layers of fraud. Unfortunately, it's unlikely you can recover money from the dealership since they are also victims in this scheme - they had their vehicle fraudulently obtained through fake identification and financing.
Your... View More
Q: What kind of lawyer should I look for wrongfully towing car and having it impounded
Robert Kane
answered on Feb 4, 2025
answered on Feb 4, 2025
Most general practitioners who deal with municipal claims can assist you. Very few, however, have much experience with towing disputes. This is primarily because individuals in your situation are unwilling to pay for an attorney. Thus, the need isn't there. If you are willing to pay a retainer... View More
Q: Accused of assault. Recorder incident without their consent to protect myself.
Recorded in someone’s else home with out consent. Got accused of assault on an elder that didn’t happen. From California.
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James L. Arrasmith
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answered on Feb 2, 2025
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answered on Feb 2, 2025
Recording someone without their consent in California can be legally complex, especially in their private home where there's an expectation of privacy. California is what's known as two-party consent state, which means everyone being recorded must agree to it.
However, your... View More
Q: How long does a person have to collect money owed by a merchant
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James L. Arrasmith
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answered on Jan 30, 2025
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answered on Jan 30, 2025
In California, the time limit to collect money owed by a merchant depends on the type of agreement in place. If the debt is based on a written contract, you generally have four years from the date of breach to file a lawsuit. If the agreement was made verbally, the time frame is two years from when... View More
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