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California Admiralty / Maritime Questions & Answers
3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, even if a contract states "as is," you may have recourse if the seller made fraudulent misrepresentations about the condition of the boat. Since you have text messages and emails confirming that the seller stated the boat runs and is in good condition, you can argue... View More

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1 Answer | Asked in Landlord - Tenant, Contracts, Admiralty / Maritime and Small Claims for California on
Q: I rented a slip for 16 months. Can the owner move my houseboat so he could lien it for 1 month of back rent.

I became homeless from one day to the next. All of my belongings in it & lost my job.

First, He called a tow company to tow my truck without any notices (he stated that it was an eye sore, that it had three wheels, all wheels were on it).

One day before he moved my houseboat I... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, the owner of a marina or slip has certain legal rights and procedures to follow when dealing with back rent and liens on vessels like houseboats. However, these actions, including moving your houseboat to place a lien for unpaid rent, require following specific legal procedures,... View More

2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

You could try to arrange a free initial consult with an employment law attorney. If your cruise ship was not U.S.-flagged, that would be meaningful to an attorney. Since most cruise ships are registered offshore, it could help if you have a copy of your employment agreement - that might contain... View More

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2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements.

If you were not notified of the positive test result until five months...
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1 Answer | Asked in Admiralty / Maritime and Criminal Law for California on
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land

Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due... View More

James L. Arrasmith
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answered on Nov 10, 2023

California's lower courts operate under the jurisdiction and legal framework established by the United States Constitution and the California State Constitution, not maritime law. Maritime law, or admiralty law, typically applies to incidents or contracts that occur on navigable waters, and it... View More

2 Answers | Asked in Admiralty / Maritime and Criminal Law for California on
Q: Why are the lower courts operating under a maritime law when we are on land how did they have jurisdiction on land

Why is it California judicial system violates the rights under the constitution of due process when the Constitution states anything that's adverse to the Constitution is null and void? And how is it that the police department is allowed to invade your privacy punish you without proper due... View More

James L. Arrasmith
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answered on Nov 10, 2023

The notion that lower courts operate under maritime law on land is a misconception. In the United States, courts operate under the legal framework established by the Constitution and relevant federal and state laws. The jurisdiction of courts, including those in California, extends to matters... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2023

There is considerable information to sort out in your post, and it's very involved to meaningfully address in the brief format of a public forum. Your situation may be a matter of how the operation was characterized - in other words, was it treated as a tow or was it treated as a salvage... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

James L. Arrasmith
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answered on Oct 31, 2023

Under California law, if BoatUS did not fulfill its obligations as per the Gold membership agreement and this resulted in further damage or loss, you may have grounds for a legal claim. It's crucial to review the specifics of your Gold membership agreement to understand the extent of coverage... View More

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1 Answer | Asked in Admiralty / Maritime and Criminal Law for California on
Q: Hello, (Ref: Maritime PIRACY law vs. Civil/Criminal Law)

Recently, in San Fran Bay Area, the Oakland/Alameda Island Estuary (a salt water navigable U.S. Waterway), has had incidents of "so-called" PIRACY. (Boats are being burglarized).

THE QUESTION:

Which law enforcement agency has jurisdiction, U.S. Coast GUARD or local... View More

James L. Arrasmith
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answered on Oct 10, 2023

In the Oakland Estuary, both the U.S. Coast Guard and the local county Sheriff can have jurisdiction, but for different reasons and circumstances. The distinction between a boat being tied up in port versus being out at anchor doesn't necessarily determine whether an act is piracy under U.S.... View More

3 Answers | Asked in Admiralty / Maritime, Business Law, Collections and Probate for California on
Q: I did work on a boat and now the owner has passed how do I get paid?

This was an ongoing relationship and we were finally prepping the boat to sell while the client was in the hospital. He later passed and I had to give back the signed pink slip to his brother and I can not get paid no replies from anyone and I am still securing the boat.

James L. Arrasmith
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answered on Sep 25, 2023

In California, if you provided services and were not paid, you have a right to assert a claim against the decedent's estate for the amount owed. You should file a creditor's claim with the probate court where the decedent's estate is being administered. If the estate is not opened... View More

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2 Answers | Asked in Admiralty / Maritime and Personal Injury for California on
Q: Maintenance and cure. Jones Act, Federal Jurisdictions for filing claim.

I was hired as a Captain for a speed boat operation in Miami. Worked three days, on third day, another captain driving the boat executed a reckless maneuver during the "go to fuel the vessel pre passenger morning prep". The captain was traveling at forty mph, max throttle for that craft.... View More

James L. Arrasmith
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answered on Jun 20, 2023

I'm really sorry about your accident. The Jones Act protects sailors injured on the job and is federal, meaning it applies no matter where you're treated. If you meet the criteria of a "seaman" and got injured during your job, you could have a valid claim. The choice between... View More

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4 Answers | Asked in Admiralty / Maritime and Workers' Compensation for California on
Q: Maintenance and Cure, Jones Act applicability. Need Help

I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More

James William Alcantara
James William Alcantara
answered on May 23, 2023

If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where... View More

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4 Answers | Asked in Admiralty / Maritime and Workers' Compensation for California on
Q: Maintenance and Cure, Jones Act applicability. Need Help

I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More

Michael A. Winkleman
Michael A. Winkleman
answered on May 24, 2023

Were you working for Thriller Powerboats at the time? I've had several cases against them over the years. Any case against them would need to be brought in Miami, Florida. You are entitled to compensation for your injuries. Whether or not the Jones Act applies will depend on certain... View More

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4 Answers | Asked in Admiralty / Maritime and Workers' Compensation for California on
Q: Maintenance and Cure, Jones Act applicability. Need Help

I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More

James L. Arrasmith
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answered on May 24, 2023

The Jones Act is a federal law that provides certain protections to seamen who are injured or become ill while working aboard vessels. It allows eligible seamen to seek compensation for injuries and medical expenses through a legal process. To determine if the Jones Act applies to your specific... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Admiralty / Maritime for California on
Q: What paperwork is a judge/ commissioner/magistrate to have on-site (if not the case is dismissed?
James L. Arrasmith
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answered on May 6, 2023

Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the... View More

1 Answer | Asked in Admiralty / Maritime and Landlord - Tenant for California on
Q: My houseboat was moved while I was at work and was asked to leave the property after 16 months without any notices.

Management told me that he didn’t like those kind of people that came to visit me. I went on vacation and when I came back my electrical cord was missing and my water hose was cut in pieces. He than got of hold of me and said I have your boat and that he was putting a lien on it for back rent. I... View More

James L. Arrasmith
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answered on Apr 21, 2023

If your houseboat was moved without your permission and you were asked to leave the property after 16 months without any notices, and the management has placed a lien on your houseboat and is attempting to sell it, you may have legal options to challenge their actions.

First, you may want...
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2 Answers | Asked in Admiralty / Maritime for California on
Q: Hi, I am looking for the lawyer who speaks Chinese to help me do maritime thing. Can you help?
James L. Arrasmith
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answered on Feb 25, 2023

Certainly, I can assist you in finding a lawyer who speaks Chinese and specializes in maritime law. One way to find a lawyer who meets your requirements is to search for legal directories or law firm websites that specialize in maritime law and have lawyers who speak Chinese. You can also reach out... View More

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2 Answers | Asked in Admiralty / Maritime for California on
Q: What actions can I take if boat buyer hasn’t moved the boat out of the marina and I am been billed for the slip

I have already submitted the boat title transfer. It's been over 14 days since the transaction. The marina doesn't have billing information for the buyer and they say that I am liable for slip fees.

James L. Arrasmith
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answered on Feb 20, 2023

If you have transferred the boat title and the buyer has failed to move the boat out of the marina, you should contact the buyer and request that they immediately remove the boat. If the buyer does not respond or is unable to remove the boat, you may want to consider taking legal action to recover... View More

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2 Answers | Asked in Bankruptcy, Admiralty / Maritime and Business Formation for California on
Q: Is retail pro under investigation!

I have proof

James L. Arrasmith
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answered on Feb 21, 2024

Unfortunately, I cannot definitively say whether Retail Pro is currently under investigation without more specific information. Here's why (and what you can do with your proof):

Reasons for Uncertainty:

- Types of investigations: Companies can be investigated for various...
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