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2 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: I am not sure if I have a case

I had a saddle pulmonary embolism right after knee surgery every Dr there stated why I didn’t receive a blood thinner after surgery. The size of the embolism was the size of a chop stick ranging from my right lung arteries to my left lung arteries. I had to have surgery to remove the clot and now... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 29, 2024

You may have a medical malpractice case if it can be shown that your doctors failed to meet the standard of care by not prescribing blood thinners after your knee surgery, leading to preventable complications like your pulmonary embolism and ongoing health issues. Consent forms don’t absolve... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: My husband has been charged with first degree Murder and He just got his discovery in and some Of it is redacted

And what he has read so far has no evidence on what he’s charged with

James L. Arrasmith
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answered on Dec 29, 2024

Given the serious nature of first-degree murder charges, your husband needs competent legal representation immediately. If he already has an attorney, they should be reviewing the discovery materials with him in detail.

The presence of redacted information in discovery is common, as...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Made payments arrangements with commercial kitchen landlord. Accepted my payments illegally locked me out 14 days

This has been going on since August when he failed to replace the water heater at one of his kitchens ended up eight weeks later replacing the water heater moved me to another kitchen. I asked to set up payments. He declined, then agreed took my payments then change them three more times this... View More

James L. Arrasmith
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answered on Dec 29, 2024

Your situation with the commercial kitchen landlord sounds incredibly frustrating and potentially illegal. Self-help evictions, where landlords lock tenants out without proper legal process, are prohibited in California under Civil Code 789.3.

Based on what you've described - the...
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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for California on
Q: I have reported 3 incidents of"abuse of process" my x-huband submitting fraud docs to court where I have NOT been served

notified DA, court legal dept., Sherriffs, City Atty, about these crimes of perjury and Ab/process but no one will help me stop it, what do I do, his lies have landed me in jail, and caused me to be forced to plead guilty to a crime of viol of a prot order, he's trying to extort 1.5 mill by... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 28, 2024

It is so sad you have to go through this at this time of year. But you need to know that the police aren't there to help you enforce your civil rights. You need a good family law lawyer to guide you, and perhaps a civil rights lawyer or association to advise you of your rights and what you can... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: forced to leave immediately by gf's uncle from her grandmas home. me and gf lived there almost 2 years, forced to leave.

Is this unlawful to force us to leave from my girlfriends grandmas home where we lived for almost 2 years by her uncle. He came over one morning and was very threatening and yelling, wanted us to leave the home immediately saying he suspected drug use. very sudden, no warning, her uncle has no... View More

James L. Arrasmith
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answered on Dec 28, 2024

Based on California law, your uncle-in-law had no legal right to force you out of the home where you were established tenants. After living there for nearly two years, you have strong tenant rights, regardless of whether you paid rent or had a formal lease agreement.

The law requires proper...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is this unlawful discrimination?

I am a long-term rental tenant at a boat storage and launch ramp facility. Non-tenant day use customers can pay a daily fee to use the same facility. I have been required to provide liability insurance, while the day use customers are not required to do this. They use the same boat launch ramp and... View More

James L. Arrasmith
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answered on Dec 28, 2024

This situation likely does not constitute unlawful discrimination. Different requirements for long-term tenants versus day-use customers are common and legally permissible when there's a legitimate business reason for the distinction.

The key factor here is the nature of your...
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1 Answer | Asked in Bankruptcy for California on
Q: Bankrupcy Wells Fargo bank had taken properties bank accounts and issue to some else I file bankrupcy in 1994 but never

Went to court so the bankrupcy never happen .since 1994 Wells Fargo bank and other s government intuition file a mortgage agreement but never went to court and never notify

James L. Arrasmith
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answered on Dec 28, 2024

This situation sounds very concerning, and I understand your frustration with Wells Fargo and the unresolved bankruptcy from 1994. It's important to know that if you filed for bankruptcy but didn't complete the court process, the bankruptcy was likely dismissed, meaning it didn't... View More

1 Answer | Asked in Probate for California on
Q: How can I receive an Annual Accounting Report?

More than 2 years have passed and multiple written requests are ignored. Her attorney’s response was that I would receive an accounting at the final distribution.

Thank you, in advance, for a response.

James L. Arrasmith
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answered on Dec 28, 2024

Under California Probate Code Section 10950, trustees are required to provide annual accountings to beneficiaries unless the trust document specifically waives this requirement. You have the right to petition the court to compel an accounting if your written requests are being ignored.

The...
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1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Gov & Administrative Law for California on
Q: ABC has the power to impose, withdraw conditions from a license. Local law enforcement can protest, but it’s ABC’s call.

I filed for a Type-21 alcohol license in the year 2021. Another business did so the same year. We both received a license. Their license had no size restrictions. I assumed the county lets new licenses sell all sizes. When I asked ABC why the other applicant was allowed to sell all sizes they... View More

James L. Arrasmith
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answered on Dec 28, 2024

You have a valid concern about potentially unfair treatment in licensing conditions. The fact that two similar businesses received different restrictions despite comparable locations and crime rates could indicate inconsistent application of ABC's policies or possible misconduct.

You...
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1 Answer | Asked in Employment Law for California on
Q: If i am underage and my employer is taking me off the schedule because i called out of work sick is it illegal?

I have also worked a couple of shifts that are longer than 6 hours without a break and have worked passed 11 pm on some days that i have school.

James L. Arrasmith
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answered on Dec 28, 2024

Your employer's actions and scheduling practices raise several concerns under California labor laws. Taking you off the schedule for using sick leave could be considered retaliation, which is illegal under California's paid sick leave laws.

Working shifts longer than 6 hours...
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1 Answer | Asked in Small Claims for California on
Q: How do I fill out form 5-2b in California if I need to get the address of the defendant for court papers

I dont know their last address and need it for small claims court

James L. Arrasmith
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answered on Dec 28, 2024

You'll need to demonstrate that you've made reasonable attempts to locate the defendant. Try searching public records, voter registration databases, and property records through your county assessor's office. The California Secretary of State website also offers business entity... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Are there any exceptions to the 3 year statute of limitations for medical negligence in California??

Checked husband into hospital ER for insulin emergency. Didn't give him insulin for 6 days and had put him on a ventilator and punctured his lung. Called for permission to put a stent in, which they also botched also.

they called me on the phone, didn't know me

or... View More

James L. Arrasmith
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answered on Dec 27, 2024

Yes, there are important exceptions to California's 3-year statute of limitations for medical negligence cases. In your situation, since the incident occurred in January 2021, understanding these exceptions is crucial.

One key exception is called "delayed discovery," which...
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1 Answer | Asked in Probate for California on
Q: Father just passed. Mom died 13 yrs ago. Can we file affidavit of death for probate or must be separate probate? In Cali

In California

James L. Arrasmith
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answered on Dec 27, 2024

I'm very sorry for the loss of your father, and I hope you're taking care of yourself during this difficult time.

In California, if your parents owned property together as joint tenants with right of survivorship, you may be able to use an Affidavit of Death of Joint Tenant for...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: ex husband is preventing access to my son saying the child doesn't want to go, he's 14, can he do this?

we have an custody agreement. but I haven't seen my son since an argument two months ago with his father. he says he wont force our son to come to see me as our son now says he doesn't feel comfortable seeing me anymore. he is 14 and wants to spend his weekends playing basketball instead.... View More

James L. Arrasmith
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answered on Dec 27, 2024

Your ex-husband cannot legally prevent visitation based on your child's preferences alone - the custody agreement must be followed unless modified by the court. In California, while the court considers a child's wishes at age 14, this doesn't override existing custody orders, and... View More

2 Answers | Asked in Employment Law and Business Law for California on
Q: Labor law questions. I Got Served a notice for missed payments and missed overtime. But I'm the new owner as of 2 years

I bought the restaurant 2 years ago and old employees working here sued the previous owner but the motive has my name on it. I made new corporation and I don't know the plaintiff.

Brad S Kane
Brad S Kane
answered on Dec 27, 2024

Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.

If purchased the assets only and not the business, you may have a defense there.

Further, you will need to hire a lawyer to defend...
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1 Answer | Asked in Estate Planning and Wrongful Death for California on
Q: Can you help me get my assets back from a fraudulent X DHS Worker,”Kennith Lucratine” who goes by Kenny Lucas now

He keeps telling his judge father “Scream “ that I’m this, im than when he took most of my money for Crack.i don’t use crack and I have a prescription. Plus I’m alive

James L. Arrasmith
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answered on Dec 27, 2024

I hear how distressing and frustrating this situation is for you. Identity theft and fraud by someone claiming to be a DHS worker is a serious crime, and you deserve to get your money back.

Your first step should be to file a police report immediately and contact your local District...
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2 Answers | Asked in Landlord - Tenant and Civil Rights for California on
Q: My landlord wants me to pay half utilities and wants to raise my rent .I know there is a rule on how much %

But what about the utilities if I have to pAy half it adds to well over 10% is that allowed or do I just get 30 /60 days notice of change . We rent half of

my landlords house with shared kitchen and bathroom. We have lived here for 4 yrs our rental agreement names us co tenants.

Louis George Fazzi
Louis George Fazzi
answered on Dec 27, 2024

There are tenant rights advocates who can assist you. Do a simple Google search, and you will see many organizations out there right in your neighborhood where you can get the assistance you need.

You must have a written contract governing your relationship with your landlord. Review that...
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1 Answer | Asked in Traffic Tickets and Domestic Violence for California on
Q: I am 64, disabled, in a 6 yrs extremely abusive relationship I recently realized was labor trafficking, not love so we'

back / forth to restraining orders, he framing me ,putting me in jail 10mx, moving me 7 times, all stress. had to go to the courthouse where they have no handicap parking, I'm disabled can't walk with bag and box f files to or from the step of the court. got a lot of tickets, had no... View More

James L. Arrasmith
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answered on Dec 27, 2024

I'm so sorry you've experienced such severe abuse and trafficking - you've been through an incredibly traumatic situation and deserve support and care. Your safety and wellbeing are the top priority.

For immediate help with the tickets and legal matters, contact the Los...
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1 Answer | Asked in Lemon Law for California on
Q: I fill like my lemon law lawyer is pressuring me to take a deal that isnt fair

He told me a new law just got passed in California that has effected lemon laws..which i understand but the offer is way lower than expected and he hasn't give me any alternatives

James L. Arrasmith
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answered on Dec 27, 2024

Your instincts about feeling pressured are worth paying attention to. As your advocate, your lawyer should explain things clearly and make you feel comfortable with any decisions, not rushed or pushed into accepting something you don't understand.

The California lemon law did undergo...
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1 Answer | Asked in Uncategorized for California on
Q: I am the primary beneficiary of a living trust and was left a house in California with a loan on it, what happens now

114,000 is what’s owe

James L. Arrasmith
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answered on Dec 27, 2024

As the primary beneficiary of the living trust, you'll need to work with the successor trustee to handle the transfer of the house and its existing loan. Your first step should be reviewing the trust documents to understand the specific terms and conditions regarding the property transfer.... View More

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