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California Questions & Answers
1 Answer | Asked in Landlord - Tenant for California on
Q: What can I do about the other party not sharing evidence ahead of the hearing (small claims appeal)?

And showing up on the day of the hearing with evidence I have not seen before? Can I refuse to go ahead with the hearing until they share their evidence in advance?

James L. Arrasmith
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answered on May 15, 2024

In small claims court in California, there is generally no formal requirement for either party to share evidence with the other side before the hearing. This is part of the design of small claims court, which is intended to be a relatively simple and accessible process that doesn't require... View More

1 Answer | Asked in Personal Injury for California on
Q: Second column

If motion for summary judgement is not dependent on Defendant's answer to complaint, what is the source for the second column (opposition to each evidences) in Plaintiff's motion for summary judgement?

James L. Arrasmith
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answered on May 15, 2024

In California, if a motion for summary judgment is not dependent on the Defendant's answer to the complaint, the second column in the Plaintiff's Separate Statement of Undisputed Material Facts (which is a required part of the motion for summary judgment) should contain the... View More

1 Answer | Asked in Personal Injury for California on
Q: Criteria for applicability of judicial notice

For summary judgement: upon what circumstances judicial notice is applicable.

What statute and rule define that?

Is plaintiff's motion for summary judgement consequent to defendant's answer to complaint?

James L. Arrasmith
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answered on May 15, 2024

Under California law, judicial notice is governed by the California Evidence Code (CEC) sections 450-460 and the California Code of Civil Procedure (CCP) section 437c(b)(1) for summary judgment matters.

Judicial notice in summary judgment:

According to CCP 437c(b)(1), any party may...
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1 Answer | Asked in Criminal Law for California on
Q: I’m out on bail and now they issued they weren’t for my arrest

I went to my original court date and they said the DA was not picking up the case at this time and they set another court date without my knowledge and did not contact me nor my bail bonds Now they said I missed a court date and I have a warrant

James L. Arrasmith
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answered on May 15, 2024

I understand that this is a stressful situation.

Under California law, if you are out on bail and a warrant is issued for your arrest due to a missed court date, it's important to take action quickly. Here are a few steps you can consider:

1. Contact your bail bondsman...
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1 Answer | Asked in Medical Malpractice for California on
Q: I broke my finger 1st Ortho Dr. Told me it was healed. He lied it wasn't healed. It only got worse. Is this negligence?

I questioned him about my X-ray. I asked with that big gap even though it's been 4 weeks your telling me that it is healed, He said, yup why did you wait so long. I said thought it was jammed he laughed at me. I asked so this is what my finger is going to look like now. He said yes the... View More

James L. Arrasmith
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answered on May 15, 2024

Based on the information you provided, it seems that the first orthopedic doctor may have been negligent in their diagnosis and treatment of your broken finger. Misdiagnosing the severity of the injury, failing to refer you to a hand specialist when necessary, and recommending therapy for a finger... View More

1 Answer | Asked in Domestic Violence, Family Law and Civil Rights for California on
Q: I live in Oregon and there is a Weird restraining order against me from my ex in California.No attorney wanted to assist

I live in Oregon, my ex abducted children and left for Cali and concealed their whereabouts. A year later when I finally was able to locate them, the other parent filed a restraining protective order against me. So now the order is permanent as of late March 2023. Now, I filed to terminate it and... View More

James L. Arrasmith
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answered on May 15, 2024

I'm so sorry to hear about your difficult and painful situation with your ex-partner and children. Dealing with complex custody issues across state lines can be incredibly challenging, especially when there are allegations of abduction and violations of court orders.

In general, family...
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1 Answer | Asked in Criminal Law and Traffic Tickets for California on
Q: Is there a form in Utah, similar to the 41500 form we have here in CA?

The 41500 Form is a form that dismisses all traffic citations as long as they are not felony citations.

When we file the 41500 Form, we do so while we are incarcerated this allows people who are incarcerated the ability to be released without another hurdle to jump over or any issues... View More

James L. Arrasmith
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answered on May 15, 2024

I don't have definitive information about whether Utah has a form that is directly equivalent to California's 41500 form for dismissing traffic citations for incarcerated individuals. Traffic laws and procedures can vary significantly between states.

That said, Utah does appear to...
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1 Answer | Asked in Civil Litigation for California on
Q: If I received a paper and my shelter is trying to say I have to leave doesn't it have to be notarized if it's not can I

Stay

James L. Arrasmith
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answered on May 15, 2024

I'm sorry to hear you're facing a difficult housing situation.

In California, a notice to vacate or quit from a landlord does not need to be notarized to be legally valid. The key requirements are that it must be properly served to the tenant and contain the legally required...
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1 Answer | Asked in Federal Crimes, Legal Malpractice and Social Security for California on
Q: How to validate validity of SSN is such scenario?

A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?

James L. Arrasmith
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answered on May 15, 2024

Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:

1. Check the SSN format: Ensure that the SSN follows the correct format of...
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1 Answer | Asked in Personal Injury and Federal Crimes for California on
Q: How to ask for court order to validate authenticity of SSN?

How to ask for court order to validate authenticity of SSN?

James L. Arrasmith
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answered on May 14, 2024

To request a court order to validate the authenticity of a Social Security Number (SSN) in California, you will need to follow these general steps:

1. Determine the appropriate court: You will likely need to file your request with the Superior Court in the county where you reside or where...
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1 Answer | Asked in Real Estate Law for California on
Q: Our HOA has 56 homes but five of these homes it’s not located on the special entrance streets with monuments with flower

We are part of a HOA in Westlake Village, 91362

The HOA has 56 homes but five of these homes it’s not on the private streets entrance as the other 51 homes.

Our HOA board has set up a election to vote on a special assessment of 280,000 to beautify six main monument entrance to the... View More

James L. Arrasmith
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answered on May 14, 2024

Under California law, if the special assessment is being levied for a purpose that is not necessary for the maintenance, repair, or safety of the common areas, and does not benefit all homeowners equally, you may have grounds to challenge the assessment. Here are some steps you can consider:... View More

1 Answer | Asked in Personal Injury and Federal Crimes for California on
Q: What are possibilities to check for SSN.

What are possibilities to check for SSN?

If valid,real, and not of deceased person.

James L. Arrasmith
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answered on May 14, 2024

If you have concerns about the validity of your own SSN, you can contact the Social Security Administration (SSA) directly. They can help you verify your SSN and address any issues related to your Social Security account.

In general, it is crucial to protect SSNs and other personal...
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1 Answer | Asked in Business Law and Landlord - Tenant for California on
Q: Can a storage unit be raised double in price just after 2 months ? it is month to month , I had verified price with them
James L. Arrasmith
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answered on May 14, 2024

In California, the rules regarding rent increases for storage units depend on the specific terms of your rental agreement and local laws. However, in general, if you have a month-to-month agreement, the storage facility may be able to increase the rent with proper notice.

Here are a few...
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1 Answer | Asked in Personal Injury for California on
Q: What statute describes process and packet for Motion for Summary Judgement?

Request for information re Full packet for Motion for Summary judgement.

List: Motion, Separate Statement, Request for judicial notice, Declaration, Proposed Order, ???

James L. Arrasmith
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answered on May 14, 2024

Under California law, the process and requirements for a Motion for Summary Judgment are primarily governed by Code of Civil Procedure Section 437c. This statute lays out the grounds, timelines, and necessary components for such a motion.

A typical packet for a Motion for Summary Judgment...
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2 Answers | Asked in Personal Injury for California on
Q: Motion for summary judgement. Request for judicial notice process

What is procedure for request for judicial notice, when submitting motion for summary judgement?

John Rajaee
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answered on May 14, 2024

In California, when submitting a request for judicial notice in conjunction with a motion for summary judgment, you generally follow these steps:

1. **Prepare the Request**: Your request for judicial notice should be a separate document from the motion for summary judgment. It must clearly...
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1 Answer | Asked in Personal Injury, Federal Crimes and Medical Malpractice for California on
Q: Separate Statement for Motion for Summary Judgement CRC 3.1350.

CRC 3.1350 (h) define format for Separate Statement for Motion for Summary judgement.

2 columns: 1 Moving Party's Undisputed Material Facts and Supporting Evidence and 2. Opposing Party's Response and Supporting Evidence.

Does it mean that before filing Motion for... View More

James L. Arrasmith
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answered on May 14, 2024

No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.

The process typically works as follows:

1. The moving party prepares and files their Motion...
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1 Answer | Asked in Landlord - Tenant for California on
Q: pro bono housing discrimnation from section 8

is there any pro bono laywer that help in that matter

James L. Arrasmith
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answered on May 14, 2024

Yes, there are several organizations and pro bono lawyers that provide legal assistance to individuals facing housing discrimination, including discrimination related to Section 8 vouchers. Here are a few options:

1. National Housing Law Project (NHLP): This organization provides legal...
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3 Answers | Asked in Consumer Law for California on
Q: I booked a hotel in Hawaii for a week long stay at a very good price, now they called me to say it was a glitch

a glitch in the system and I would need to cancel and rebook the room at the correct price which is $600 more per night, and told me its a Innkeepers act that they have the right to do that? Nothing in their terms and conditions state they have the right to change if a price advertised was booked.... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

Look at your booking contract to see if they have the right to do it.

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Is there a form in Utah, similar to the 41500 form we have here in CA?
James L. Arrasmith
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answered on May 14, 2024

I apologize for the confusion, but there is no form 41500 in California that I'm aware of. Could you please provide more context about what the form is used for? This will help me better understand your question and determine if there is an equivalent form in Utah.

In general, legal...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I need to sue my landlord aka my mother she stole my inheritance locked me out of my home stole all of my possessions.
James L. Arrasmith
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answered on May 14, 2024

I'm sorry to hear about your difficult situation with your mother. Here are some steps you can take to address this issue in California:

1. Consult with a lawyer: It's best to consult with a lawyer who specializes in landlord-tenant law and estate law. They can provide you with...
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