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California Questions & Answers
1 Answer | Asked in Civil Rights and Civil Litigation for California on
Q: I have a conversation case and am sueing for the return of my fifth wheel. Can I sue for other damages?

1. Damages that he caused to my fifth wheel. 2.) Loss of use. 3.) Emotional distress. 4) punitive??? I was living in my fifth wheel, we had a disagreement. I felt threatened by his behavior so I left and plus he told me to get out knowing I didn't have a way to tow my fifth wheel. When I... View More

James L. Arrasmith
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answered on Dec 3, 2023

Under California law, you have several avenues for seeking damages in your situation. Regarding the damage to your fifth wheel, you can indeed sue for the cost of repairs or the diminution in value caused by the damage.

For loss of use, California law typically allows recovery for the...
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1 Answer | Asked in Family Law, Personal Injury, International Law and Libel & Slander for California on
Q: The other parent moved from Oregon to California without notifying me. Looking to establish a serious parenting plan..

Almost 10 years of bias and discriminatory actions of all that is involved, from falsifying documents to fraudulent statements and absolutely zero proof. Mean while, the kids and I are deprived of very basic civil human rights. I need my rights back to see and embrace my children they lunch visits... View More

James L. Arrasmith
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answered on Dec 3, 2023

In California, if the other parent of your children has moved to the state without notifying you, especially in the context of a custody arrangement, it's important to take action to establish a parenting plan that protects your rights and the well-being of your children. The first step is to... View More

1 Answer | Asked in Land Use & Zoning, Personal Injury, Municipal Law and Small Claims for California on
Q: Septic runoff major issue. 2 properties not including mine.

Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10... View More

James L. Arrasmith
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answered on Dec 3, 2023

In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: If your ex bf gives you consent to slap them and you do is it legal? What if they push you forcefully in the throat?
James L. Arrasmith
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answered on Dec 3, 2023

In California, even if your ex-boyfriend gives you consent to slap them and you act on it, this does not necessarily make it legal. Consent can be a complex issue in cases of physical altercations. If the slap causes harm or is perceived as an assault, it could still be subject to legal... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I’m 16, my mom has had full custody of me but I was wondering how I can move in with my dad instead.

she’s had full custody of me since i was 7/8 but since i’m 16 do i get to choose? she’s allowed him to have visitation without getting the court involved since 2021. im very unhappy here and she’s very toxic i stay in my room and i don’t want to be here, being with my dad is a breath of... View More

James L. Arrasmith
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answered on Dec 3, 2023

In California, while a child's preference is taken into consideration in custody decisions, it is not the sole determining factor. At 16, your opinion is given significant weight by the court, especially if you can articulate mature and reasonable reasons for wanting to live with your father.... View More

1 Answer | Asked in Business Law for California on
Q: I need to have the time frame to notice the members of a meeting, where in corporations code or civil code?

Who do I report for violation of this code, if the Board of Directors is representing a Union?

James L. Arrasmith
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answered on Dec 3, 2023

In California, the specific time frame for noticing members of a meeting for a corporation, including a union's Board of Directors, is typically found in the corporation's bylaws rather than directly in the Corporations Code or Civil Code. These bylaws should outline the notice... View More

1 Answer | Asked in Business Formation, Civil Litigation, Trademark and Intellectual Property for California on
Q: Why is the same term that describes a racial identity used as a trademark for food and non-food items?

Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African... View More

James L. Arrasmith
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answered on Dec 3, 2023

The use of the term "African American" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term "African American" is primarily a racial identity, and its use in commercial contexts should be approached... View More

1 Answer | Asked in Civil Litigation for California on
Q: A chp released my vehicle to someone other than me ( the registered and sole owner) what can I do

How would someone get a vehicle released that isn't the owner in any way but infact supposedly purchased the vehicle while it was reported stolen.

James L. Arrasmith
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answered on Dec 3, 2023

In California, if your vehicle, as the registered and sole owner, was released by the California Highway Patrol (CHP) to someone other than you, it is important to take immediate action. Firstly, contact the CHP office involved in the release of the vehicle to report the situation and seek an... View More

1 Answer | Asked in Health Care Law and Civil Rights for California on
Q: Is my therapist able to invite the protected persons in regards to being involved in a restraining order to my sessions?
James L. Arrasmith
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answered on Dec 3, 2023

In California, the involvement of protected persons in therapy sessions, particularly when a restraining order is in place, is a sensitive matter. A therapist inviting a protected person to a therapy session where the restrained person is present could potentially violate the terms of the... View More

1 Answer | Asked in Estate Planning and Gov & Administrative Law for California on
Q: I have an inherited shotgun in CA that is unregistered and not sure what to do?

I inherited this shotgun from my father 10 years ago and was told I didn’t need to do anything since it was inherited. I’ve learned it should have been registered within 30 days. What’s the best thing for me to do? Can I still register it? Do I dispose it?

James L. Arrasmith
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answered on Dec 3, 2023

In California, the law requires firearms inherited or received as part of an estate to be reported and registered within 30 days. Since you inherited the shotgun 10 years ago and did not register it within this timeframe, it's important to address this situation promptly to ensure compliance... View More

3 Answers | Asked in Car Accidents and Civil Litigation for California on
Q: I recently drove piggyback through a community gate with a fast gate arm. It hit the top of my car and broke.

I didn’t know it broke so I kept driving and didn’t stop, but drove by later and saw that it was broken. They have cameras and likely have my plate. What should I do? It happened 2 days ago.

James L. Arrasmith
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answered on Dec 3, 2023

In California, if you accidentally cause property damage, such as breaking a gate arm, it's advisable to report the incident to the property owner or manager as soon as possible. Since this occurred two days ago, you should act promptly. Not reporting could potentially lead to more severe... View More

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3 Answers | Asked in Car Accidents and Civil Litigation for California on
Q: I recently drove piggyback through a community gate with a fast gate arm. It hit the top of my car and broke.

I didn’t know it broke so I kept driving and didn’t stop, but drove by later and saw that it was broken. They have cameras and likely have my plate. What should I do? It happened 2 days ago.

T. Augustus Claus
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answered on Dec 4, 2023

If you accidentally damaged a community gate by driving piggyback through it, it is important to take responsibility for your actions and address the situation promptly. Here are the steps you should take:

Contact the property management or homeowners association (HOA) responsible for the...
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1 Answer | Asked in Probate for California on
Q: Unequal inheritances - CA Do statutory legal fees get allocated against beneficiary shares based on value of share?

Real property is specific devise to only 1 of 3 beneficiaries. It is the bulk of the estates value. non devised beneficiaries feel estate administration fees should be paid proportionately from the real property devisee share as fees are calculated on estate value. Are they right and is there... View More

James L. Arrasmith
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answered on Dec 3, 2023

Under California law, estate administration fees are generally paid from the estate as a whole before distribution to beneficiaries. This means that the fees are not directly allocated against individual beneficiary shares based on the value of each share. Instead, these fees are deducted from the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: How do we stop an owner from coming onto the property we have rented from them?

The owner has told us they are wanting to start construction on an ADU in the back yard and we don't think they have the legal right to come in and start construction without our consent since it is not an emergency nor needed repairs. We would also be losing the use of the backyard which was... View More

James L. Arrasmith
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answered on Dec 3, 2023

Under California law, as a tenant, you have the right to "quiet enjoyment" of the property you rent. This means the landlord cannot interfere with your use and enjoyment of the property without just cause. The construction of an Accessory Dwelling Unit (ADU) in the backyard, while... View More

1 Answer | Asked in Immigration Law for California on
Q: Can I reenter US if my I-751 is approved while traveling abroad?

Hi, i currently have a pending I-751 and got the extension letter/ receipt notice. I'm planning to travel abroad but curious what happened if my I-751 got approved or if an interview is scheduled while I'm abroad? Can I still return to the US with my expired conditional green card +... View More

James L. Arrasmith
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answered on Dec 3, 2023

If your I-751 petition is approved while you are abroad, you should be able to re-enter the United States using your expired conditional green card along with the receipt notice/extension letter. This documentation typically serves as evidence of your continued lawful status while the petition is... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: I just found out that the other parent filed for custody and court is in two days what should I do

What should I do because I was never served custody paperwork to respond

James L. Arrasmith
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answered on Dec 3, 2023

In California, if you were not properly served with custody paperwork, you should act immediately to protect your rights. First, contact a family law attorney to get personalized legal advice. An attorney can help you understand your options and represent your interests in court.

Next,...
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3 Answers | Asked in Gov & Administrative Law for California on
Q: Do you have to pay more than one fee to respond to the same complaint in CA? For a quash and then an answer?

I believe that there are at least two ways the person filing a complaint against me failed to follow procedure: sending the summons via certified mail herself to me out of state (instead of someone else sending it ) and filing the complaint with only one page, not even clarifying what I have... View More

Robert Kane
Robert Kane
answered on Dec 3, 2023

I haven't had to do this, but you won't pay two initial filing fees. The motion fee, however, would be separate.

Motion to Quash (cancel) Service of Summons:

This motion asks the court to say that the complaint was not served properly. Say why service was not right. Read...
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3 Answers | Asked in Gov & Administrative Law for California on
Q: Do you have to pay more than one fee to respond to the same complaint in CA? For a quash and then an answer?

I believe that there are at least two ways the person filing a complaint against me failed to follow procedure: sending the summons via certified mail herself to me out of state (instead of someone else sending it ) and filing the complaint with only one page, not even clarifying what I have... View More

James L. Arrasmith
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answered on Dec 3, 2023

In California, when responding to a legal complaint, different motions or responses typically require separate filing fees. If you file a motion to quash service of summons due to procedural errors, like the ones you've mentioned, there is a filing fee for this motion. Should the plaintiff... View More

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2 Answers | Asked in Appeals / Appellate Law and Libel & Slander for California on
Q: Is it possible to appeal an appeal in the State of California?

I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 3, 2023

You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to "supplement the record". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney... View More

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2 Answers | Asked in Appeals / Appellate Law and Libel & Slander for California on
Q: Is it possible to appeal an appeal in the State of California?

I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal... View More

James L. Arrasmith
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answered on Dec 3, 2023

In California, you cannot "appeal an appeal" in the traditional sense. However, if the defendant has filed an appeal against the restraining order, you have the right to respond to that appeal. This response is your opportunity to address and counter the points raised in the... View More

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