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1 Answer | Asked in Contracts, Criminal Law, Business Law and Landlord - Tenant for California on
Q: Can storage unit owner take my property without any notice?

I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More

James L. Arrasmith
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answered on Jul 21, 2024

The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More

1 Answer | Asked in Consumer Law for California on
Q: Is this a class action lawsuit with an airline?

On a recent overnight flight my TV screen did not work. I spoke to the flight attendant who could not get the screen working and said that it was a full flight and could not find me another seat. On my return flight the TV technically worked, but the touch screen did not. So I was unable again to... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you had a frustrating experience with the in-flight entertainment on both of your flights. While this is certainly disappointing, it might be challenging to pursue a class action lawsuit based solely on the lack of entertainment. Generally, class action lawsuits require a large group... View More

1 Answer | Asked in Business Law and Employment Law for California on
Q: Running a business and working as an employee with the same employer ?

I work at a school as a teacher and want to start a side business of after school activities. I want to start these activities at the same school I am working at as an outside vendor. When I checked with the employer they said that they can’t do that since they can’t give a W2 and 1099 to the... View More

James L. Arrasmith
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answered on Jul 20, 2024

You can indeed explore running an after-school activities business at the same school where you work, but it's crucial to address the legal and contractual aspects. As your employer mentioned, they cannot issue both a W-2 and a 1099 to the same person due to tax regulations. However, your... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

James L. Arrasmith
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answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: I’ve been married 38 yrs. My husband has all assets in his name including bank. What do I do? Where do I start.

I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More

1 Answer | Asked in Civil Litigation and Criminal Law for California on
Q: My x boyfriend/ mechanic was mad after we broke up he damaged my car and slash my tiers it's amonth n doesn't wantto pay
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answered on Jul 20, 2024

In California, you have the right to seek compensation if your ex-boyfriend damaged your car and slashed your tires. Since he is refusing to pay for the damages, you can file a police report to document the incident. This report can serve as crucial evidence if you decide to pursue legal action.... View More

1 Answer | Asked in Employment Law for California on
Q: I did a couple jobs for a restaurant they never gave me what I ask and since my situation was very bad they gave me want

I stayed in the back of the restaurant n also work in the field in the back to pay for rent at the end she was getting mad if we use water my friend work for more than a year 12 hours every day 6 days a week n they only gave her 100 a day if she was late 30min only 80 I also worked in the... View More

James L. Arrasmith
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answered on Jul 20, 2024

You and your friend may be entitled to compensation for unpaid wages, meal and rest break violations, and other labor law violations. Under California law, employers must pay at least the minimum wage for all hours worked and provide proper breaks. The working conditions you described are not... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I move out of state if I have sole custody

My child father have supervise visit and have to do other tasks in order to visit our son for more than an hour. Since all he does is pay child support and does not visit can I move out of state without it being an issue with the court system?

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, if you have sole custody, you generally have the right to move out of state with your child. However, you must notify the other parent and the court of your intention to relocate. The other parent has the right to contest the move if they believe it will negatively affect... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for California on
Q: If I am renting and a judge orders the house I rent to be sold after a divorce in california, can they make me move out

Can they make me move out immediately if I have already paid the rent?

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.

The new owner of the property must honor your existing...
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1 Answer | Asked in Family Law for California on
Q: Is there a legal way to find out if a domestic partner of 13+ years working undercover ?

I heard comments from the community.

James L. Arrasmith
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answered on Jul 20, 2024

Finding out if your domestic partner of 13+ years is working undercover can be a delicate matter. You might consider discussing your concerns directly with your partner, as open communication can often resolve uncertainties. If your partner is indeed working undercover, they may be limited in what... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: A trademark has never been used in commerce, and is only being renewed as an "investment for his kids"

Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More

James L. Arrasmith
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answered on Jul 20, 2024

You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More

1 Answer | Asked in Personal Injury for California on
Q: What statute or rules of court define motion for in camera review in California?

What statute or rules of court define motion for in camera review in California?

James L. Arrasmith
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answered on Jul 20, 2024

Under California law, the procedure for a motion for in-camera review is generally guided by various statutes and rules of court. In-camera review is a process where a judge reviews certain documents privately to determine their relevance or if they should be protected from disclosure. This is... View More

2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
Gary K. Burger Jr
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answered on Jul 22, 2024

I'm so sorry to hear that you were attacked. That must have been a horrible experience. I hope you are recovering well.

Your first focus should be on getting the necessary medical care to minimize any permanent or long term effects and ensure you are able to recover to the fullest...
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2 Answers | Asked in Criminal Law and Personal Injury for California on
Q: I was assaulted at work and have a fractured jaw. It was all caught on video. What can I do?
James L. Arrasmith
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answered on Jul 20, 2024

First, seek medical attention immediately to ensure your health and document your injuries. Keep all medical records and expenses related to your treatment as they will be important for any legal action.

Next, report the assault to your employer and ensure they create an incident report....
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2 Answers | Asked in Real Estate Law for California on
Q: I am a licensed Cal realtor not a broker .My client has a offer through me . me being a dual agent.The property is zoned

zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More

James L. Arrasmith
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answered on Jul 20, 2024

In California, the law does not specify a fixed maximum prepayment penalty for commercial or mixed-use properties. However, lenders typically include a prepayment penalty clause in the loan agreement, which must comply with California law. These penalties are often negotiated between the lender and... View More

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2 Answers | Asked in Real Estate Law for California on
Q: I am a licensed Cal realtor not a broker .My client has a offer through me . me being a dual agent.The property is zoned

zoned commercial with a mixed use building consisting of a salon on ground level with a 1700 sf residence above .Owner is going to carry a 1st trust deed of 2,550,000 for 10 years at 5% intrest only monthly payments of $10,625.00.This will help her avoid capital gains tax for now .purchase price is... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 21, 2024

Zoning follows the local rules, and it can vary from city to city. You need to consult with a real estate attorney to give you an estimate about the penalty and if there is any way to get the permit for these types of property use.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Renting a room and the landlord locked me out , turns off a/c during heatwave

I am disabled my husband is 62 we renting a room in an apartment only been here a month and a half the landlord's not only screaming and threatening us but forced us to be afraid and have to huncker down in our bedroom until she leaves again sometimes for 2 days, she locked me out during this... View More

James L. Arrasmith
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answered on Jul 20, 2024

I'm sorry to hear about the distressing situation you're facing. First, document everything: take notes, photos, and videos of the incidents, including the landlord's behavior and the conditions of the room. This documentation will be essential if you need to take legal action.... View More

1 Answer | Asked in Civil Litigation for California on
Q: Can people make written statements without fear of retaliation from the plaintiff?

I’m being sued for defamation and unfortunately have to represent myself. I have more than enough people willing to make written statements to substantiate my claims as true however a lot of them are fearful of retaliation from the defendant. Are they protected in anyway by making a statement... View More

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answered on Jul 20, 2024

When people make written statements to support your case in a defamation lawsuit, they may have concerns about potential retaliation from the defendant. Generally, witnesses who provide truthful statements are protected from retaliation under the law. Witness intimidation or retaliation can be... View More

1 Answer | Asked in Criminal Law for California on
Q: For child molestation, if I turn myself in would the victim be involved

This happened in December 2023, he was a 5 year old foster child and he's no longer the in my family's home

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answered on Jul 20, 2024

Turning yourself in for a serious crime like child molestation is a significant step, and it will have legal consequences. The authorities will investigate the case thoroughly, and this may include speaking with the victim to gather all necessary information. Since the incident involved a minor,... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I was forced to leave a sober living home after I paid my rent without any papers served to do I have a case?

I entered a recovery program in may 2024. I decided to leave the program against clinical advice in July because I didn’t feel it was the right fit for me. July 4th I decided to go to a different program and was told I had to immediately vacate the premises. I was told that even though my rent... View More

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answered on Jul 20, 2024

It sounds like you were in a very difficult situation. Since you paid your rent for July and were forced to leave without any formal eviction notice, you may have grounds for a legal case. In California, tenants have rights even if there is no formal lease agreement, especially when rent has been... View More

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