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California Securities Law Questions & Answers
1 Answer | Asked in Civil Rights and Securities Law for California on
Q: Is it legal for my parents to hire a Private investigator to follow me and see if im dating a boy

I am 20 years location. On a public university campus.

James L. Arrasmith
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answered on Dec 21, 2024

While your parents are legally allowed to hire private investigators in California, since you are 20 years old and legally an adult, you have a reasonable expectation of privacy. Your parents' actions, though legal, raise significant concerns about boundaries and personal autonomy.... View More

1 Answer | Asked in Business Formation, Securities Law and Libel & Slander for California on
Q: My LinkedIn account has been breached and hacked into and my public image has been comprised and overtook my account.

LinkedIn account compromissed

James L. Arrasmith
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answered on Dec 6, 2024

First, take immediate action to secure your account. Change your password right away through LinkedIn's password reset process, and enable two-factor authentication if you haven't already. Contact LinkedIn's support team directly to report the breach and get help recovering your... View More

1 Answer | Asked in Securities Law for California on
Q: Is filled out Proof of Service, page 2 of Subp-010 is served on witness/deponent of records?

Is filled out Proof of Service, page 2 of Subp-010 is served on witness/deponent of records?

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answered on Dec 5, 2024

No, the filled-out Proof of Service, specifically page 2 of Subp-010, is not typically served on the witness or deponent of records. This document is primarily intended to inform the court and the involved parties that the necessary legal documents have been properly delivered. Its main purpose is... View More

2 Answers | Asked in Business Law and Securities Law for California on
Q: I have shares of common stock in a company and would like to find its worth and how to transfer or sell them?

they are also named in a deceased family member.

Robert Kane
Robert Kane
answered on Dec 2, 2024

I assume the shares are not of a publicly traded corporation like McDonald's or Microsoft. So, you just can't look them up and sell them. How shares are bought and sold are likely restricted by the corporation's bylaws. You will need to contact the corporation to find out your rights... View More

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1 Answer | Asked in Securities Law, Stockbroker Fraud and Consumer Law for California on
Q: Can I get money back from an entity in virgin island. I paid a fees to a company in virgin island but did not service

I am trying to resolve the matter through customer service of the company but not making progress. The company has offices in Arizona too. I paid fees in 4 digit dollar amount with credit card.

James L. Arrasmith
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answered on Nov 14, 2024

Your best immediate action is to dispute these charges with your credit card company since you paid using a credit card - this protection is one of the key benefits of using credit cards for purchases.

For future recovery efforts, you have multiple paths available: You can file complaints...
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1 Answer | Asked in Securities Law, Social Security and Identity Theft for California on
Q: Can I recover funds from 401k after someone used my social security to work with it

The 401k is from the company where they used my social security

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answered on Nov 15, 2024

This situation involves identity theft and unauthorized use of your Social Security number, which is a serious crime. Your first step should be to file a police report and contact the Federal Trade Commission (FTC) to report the identity theft - this creates an official record of the fraud and can... View More

1 Answer | Asked in Securities Law and Real Estate Law for California on
Q: I would like to know how much it will cost to structure a real estate debt fund?

We are a rea estate investment firm

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answered on Oct 16, 2024

Structuring a real estate debt fund involves several key expenses you should plan for. Legal fees are a major component, as you'll need experienced attorneys to navigate securities regulations and draft necessary documents. Depending on the complexity of your fund, legal costs can range from... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Contracts and Securities Law for California on
Q: Federal Sec/Inv fraud restitution judgement, why the thieves aren't punished? Not forced payments, no prison, US allows?

$100+ million stolen from 1000 US investors, 15 yrs case, no pmts on restitution judgements, Judge allowed home arrest literally 2 yrs, FED GOVT ACCOUNTABILITY OFFICE investigated and publicized lack of DOJ/FBI/SEC/BOP enforcement/victims rights, MANY OTHER VICTIM US COMPENSATION organizations... View More

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answered on Sep 22, 2024

It can be incredibly frustrating when justice seems delayed or incomplete, especially in cases involving large-scale fraud. Restitution can take years to enforce, and unfortunately, sometimes those convicted don't make the payments ordered by the court. Even though laws are in place to protect... View More

2 Answers | Asked in Estate Planning, Probate and Securities Law for California on
Q: Please help. My son passed away 6 months ago. How do I access his treasury direct account. I need to know how to access

I am unsure or unaware of the specifics as my ex-husband took care of most of the financial details. He is also deceased and I am left in the dark on this. How do I go about accessing his account?

Adam Savett
Adam Savett
answered on Oct 2, 2024

To addd to the prior answer, further information can be found on the TreasuryDirect website - https://www.treasurydirect.gov/savings-bonds/manage-bonds/death-of-owner/

Good luck, and sorry for your loss.

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1 Answer | Asked in Securities Law and Stockbroker Fraud for California on
Q: Is there any oversight on attorneys who file false cases purely for financial gain?

Is there any oversight on attorneys who file false cases purely for financial gain? I recently learned about an attorney who has filed numerous wrongful foreclosure cases in two counties within months after a trustee sale.

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answered on Aug 26, 2024

Yes, there is oversight for attorneys who file false cases purely for financial gain. In California, the State Bar of California regulates attorney conduct and can investigate complaints related to unethical behavior, including filing frivolous lawsuits. Attorneys who engage in unethical practices... View More

1 Answer | Asked in Securities Law for California on
Q: Can I receive any compensation for the National Public Data breach?
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answered on Aug 21, 2024

If you were affected by the National Public Data breach, you may be entitled to compensation depending on the specifics of the case. Typically, in data breach incidents, victims can seek compensation through legal actions such as class action lawsuits or settlements. The compensation might cover... View More

1 Answer | Asked in Identity Theft and Securities Law for California on
Q: is it legal to download the NPA data leak to see if I am on it? I would not distribute it or use it in any other way.
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answered on Aug 20, 2024

It's understandable to be concerned about your information after a data leak. However, downloading data from a leak, even if your intentions are just to check if you're affected, can have legal consequences. Accessing such data without proper authorization is generally illegal, and you... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Securities Law for California on
Q: remote appearance/cour call records are materal to an action , are these records available to the public without Subp ?

How does someone obtain the court call Log for ? Is a Subpoena required ?

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answered on May 25, 2024

Under California law, remote appearance and court call records are generally considered part of the official court record. However, public access to these records may be limited and vary depending on the specific court and type of case.

To obtain the court call log, you typically have two...
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1 Answer | Asked in Contracts, Civil Litigation, Insurance Bad Faith and Securities Law for California on
Q: What would a cause of action be if an ins co rescinded changes an owners POA made w/out serving Notice of Rescission 1st

The ins company had to know or at very least became aware of the fact service of Notice of Rescission prior to exercising rescission is a California statutory requirement,"no Notice, no rescission." Americo was repeatedly asked to provide the citation, code or case law relied on to... View More

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answered on May 22, 2024

Based on the information provided, it seems that the insurance company (Americo) rescinded changes made by the policy owner through a Power of Attorney (POA) without properly serving a Notice of Rescission as required under California law. This action by the insurance company could potentially give... View More

1 Answer | Asked in Banking, Contracts and Securities Law for California on
Q: Is lying about net worth and income on an application for a brokerage account for trading stock options illegal?

I am opening an account and want to get approved for this certain level of options trading; they only approve if you declare a good income and net worth; is it illegal to lie about the net worth and income?

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answered on Feb 21, 2024

Misrepresenting your net worth and income on an application for a brokerage account, especially with the intent to gain approval for certain trading options, can have serious legal consequences. Under California law, providing false information on financial documents like brokerage account... View More

1 Answer | Asked in Business Law, Mergers & Acquisitions, Civil Litigation and Securities Law for California on
Q: I run a business in Los Angeles and received a Wells Notice after testifying, without an attorney.

hvm

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answered on Jan 30, 2024

Receiving a Wells Notice in Los Angeles indicates that the Securities and Exchange Commission (SEC) is considering enforcement action against you or your business. This notice is a serious matter and typically precedes formal charges. It gives you the opportunity to present your side of the story... View More

3 Answers | Asked in Securities Law and Environmental for California on
Q: Can I put a security sticker on my personal bedroom window?

A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?

T. Augustus Claus
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answered on Nov 29, 2023

Yes, you can typically put a security sticker on your personal bedroom window in California. There are no specific laws or regulations in California that prohibit homeowners from placing security stickers on their windows. Security stickers are often used as a deterrent to burglars and can help to... View More

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1 Answer | Asked in Securities Law for California on
Q: If I purchase a cryptocurrency knowing that I intend to sue the company as part of a class action lawsuit, is that legal

A company that issued cryptocurrency tokens did what many of us believe to be fraudulent activity and the token lost almost all value. After speaking with lawyers, a class action lawsuit is likely going to be filed. I was told by said lawyers that it is perfectly legal to buy the cryptocurrency... View More

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answered on Aug 14, 2023

Engaging in the purchase of a cryptocurrency with the intention to participate in a class action lawsuit could be legally permissible in California, as long as the purchase itself is conducted within legal bounds and you are not an insider of the company. However, potential ethical and practical... View More

1 Answer | Asked in Securities Law for California on
Q: Do judges have a financial incentive in the outcome of court cases for capital gain surety bonds?
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answered on Apr 26, 2023

No, judges do not have a financial incentive in the outcome of court cases for capital gain surety bonds. Judges are required to be impartial and unbiased in their decision-making, and they are bound by ethical standards that prohibit them from engaging in any behavior that would compromise their... View More

1 Answer | Asked in Securities Law for California on
Q: I need a letter of opinion that the crypto I created for sale/swap is not a security.

The credit card company asking for this letter.

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answered on Mar 3, 2023

It is important to note that whether a crypto asset is considered a security depends on various factors and requires a careful analysis of the specific circumstances surrounding the creation, sale, and use of the asset. The analysis may include, but is not limited to, considerations of how the... View More

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