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California Questions & Answers
1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Constitutional Law for California on
Q: Is there a federal agency with the authority to conduct administrative investigations of city police deptartaments?

Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More

James L. Arrasmith
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answered on Nov 27, 2023

Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More

1 Answer | Asked in Probate and Family Law for California on
Q: What forms do I need to file to submit documents to support my request for guardianship of my little sister

I am trying to get guardianship of my little sister and would like to show evidence to support my request and I understand the is a process to b able to do so

James L. Arrasmith
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answered on Nov 27, 2023

In California, to request guardianship of a minor, you will need to file several forms with the court. The primary form is the Petition for Appointment of Guardian of the Person (Form GC-210), which is the main document where you state your case for guardianship. Along with this, you'll also... View More

1 Answer | Asked in Family Law for California on
Q: If I am changing my name and gender identifier, and also plan to change my last name, do I need to file separately?

The change of my last name is to remove myself name-wise from a family that does not accept my new gender identity, so it is somewhat related if not strictly part of the gender change.

James L. Arrasmith
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answered on Nov 27, 2023

In California, you have the option to change your name and gender marker simultaneously through a single court process. This includes changing your first, middle, and last name, if desired, as part of your gender transition. The process is designed to be accommodating for individuals undergoing a... View More

1 Answer | Asked in Civil Litigation and Consumer Law for California on
Q: Tow truck company unhooked my shifter lever so they could tow it and didn't fix it when I asked them to drop it
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answered on Nov 27, 2023

Under California law, tow truck companies are required to exercise due care in the handling and transportation of vehicles. If a tow truck company damages a vehicle during the towing process, such as by unhooking the shifter lever and not fixing it, they could potentially be held liable for the... View More

1 Answer | Asked in Government Contracts and Criminal Law for California on
Q: Question about the attorney cliant relationship . The attorney is a conflict panel attorney hired by local government.

The cliant is accused of a felony. The attorney later becomes a judge and the former cliant is now before his former attorney now judge.

.is a conflict panel attorney considered a state attorney , and can the judge heater the case ?

Please and thank you . I think this is a hard one

James L. Arrasmith
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answered on Nov 27, 2023

In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to... View More

2 Answers | Asked in Employment Law for California on
Q: Can I get fired for “stealing their recipe” when there is no proof whatsoever?

Got fired from a bagel shop for trying to “steal their bagel recipe” which I had no intention of doing. I also would like to add that I was off work for 5 days and once I returned I was fired. So it really came to shock because it seem like it was out of nowhere. I asked for written termination... View More

Neil Pedersen
Neil Pedersen
answered on Nov 27, 2023

In short, yes.

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate that employee at any time and for any reason or even for no reason at all....
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2 Answers | Asked in Employment Law for California on
Q: Can I get fired for “stealing their recipe” when there is no proof whatsoever?

Got fired from a bagel shop for trying to “steal their bagel recipe” which I had no intention of doing. I also would like to add that I was off work for 5 days and once I returned I was fired. So it really came to shock because it seem like it was out of nowhere. I asked for written termination... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, employment is generally at-will, meaning an employer can terminate an employee for any reason, except for illegal reasons like discrimination or retaliation. However, accusing an employee of stealing a recipe and terminating them without proof could potentially raise issues,... View More

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1 Answer | Asked in Consumer Law for California on
Q: Do towingcompanies when they tow your car , do they have to except credit cards
James L. Arrasmith
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answered on Nov 27, 2023

Under California law, towing companies are not universally required to accept credit cards. The payment methods they accept can vary based on the company's policies. However, many towing companies do offer the convenience of credit card payments, especially in urban areas.

If your car...
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1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Do property owners of private property have to give notice to the owner of the vehicle before they tow it
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answered on Nov 27, 2023

In California, the rules regarding towing vehicles from private property are quite specific. Property owners or their agents must provide notice before towing a vehicle, except in certain circumstances. The notice typically involves posting clear signs at the entrance of the property, detailing... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I have an issue where a dentist has pulled the wrong tooth leaving me unable to chew on one side of my mouth for 4 weeks

The dentist lied and said the tooth cracked while putting the right tooth not knowing that his assistant had already given me the tooth in question. It’s not broken or cracked in any way. I also had temporary dentures made that would allow me to chew on that side until the wounds heal, but they... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, if a dentist performs a procedure incorrectly, such as extracting the wrong tooth, it may be grounds for a dental malpractice claim. Dental malpractice is a form of professional negligence, and to establish a case, you typically need to prove that the dentist failed to provide the... View More

Q: Judge's at your appellate hearing were already in the court room prior to your hearing discussing case they laugh at me.

When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My rent stabilized apartment is increasing the rent through a 2023-24 BOND MEASURE PASSTHROUGH WORKSHEET- is this allowe
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answered on Nov 27, 2023

In California, the rules regarding rent increases for rent-stabilized apartments can be complex and vary by locality. Generally, landlords are limited in how much they can increase rent annually for these units. However, there are certain conditions under which additional increases may be... View More

1 Answer | Asked in Family Law, Landlord - Tenant and Contracts for California on
Q: Hello, my wife will not give me a key to our storage unit. The unit is in her name, I pay and always have paid this bill

I have not seen or spoke with her in a month. She has instructed the manager not to allow me access. Not the first time. Last time I unloaded a I Hual I found my property inside the vehicle. I don't want to be in trouble I would like to get my things?

James L. Arrasmith
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answered on Nov 27, 2023

In California, the legal rights to access a storage unit generally depend on whose name is on the rental agreement. If the storage unit is in your wife's name and she has instructed the manager not to allow you access, the storage facility is likely to follow those instructions.

Even...
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1 Answer | Asked in Business Law, Consumer Law, Civil Rights and Communications Law for California on
Q: Can a business in California record phone calls without the caller knowing.

I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all... View More

2 Answers | Asked in Employment Law for California on
Q: My wifes employer laid their staff off and is with holding her tip bonus until next year. Is this legal?

Her company terminated their employment as of today 11/27/2023, they are closing the facility and signed their final paper work and turned in their badge but she was notified she would not recieve her bonus money or they would not be paying it out until march of next year. They had previously... View More

T. Augustus Claus
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answered on Nov 27, 2023

No, it is not legal for your wife's employer to withhold her tip bonus until next year. In California, all earned wages, including bonuses, must be paid to employees within 72 hours of their termination. This means that your wife's employer should have paid her her bonus on or before... View More

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2 Answers | Asked in Employment Law for California on
Q: My wifes employer laid their staff off and is with holding her tip bonus until next year. Is this legal?

Her company terminated their employment as of today 11/27/2023, they are closing the facility and signed their final paper work and turned in their badge but she was notified she would not recieve her bonus money or they would not be paying it out until march of next year. They had previously... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, the payment of bonuses, particularly discretionary ones, often depends on the terms set by the employer. However, if a bonus is considered earned and non-discretionary, meaning it's based on specific criteria or a formula that an employee meets, then it typically should... View More

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: In California how far back does a live screen background check go?

I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.

Bart Kaspero
Bart Kaspero
answered on Nov 27, 2023

For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons. If the 2 misdemeanors and DUI you have in... View More

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: In California how far back does a live screen background check go?

I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.

James L. Arrasmith
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answered on Nov 27, 2023

In California, a Live Scan background check typically includes criminal history information that can go back indefinitely. However, for employment purposes, there are restrictions under California law regarding how far back an employer can consider criminal history.

The California...
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1 Answer | Asked in Contracts, Business Law and Civil Litigation for California on
Q: Filing a complaint containing multiple incidents, but different co-defendant(s) in each incident?

Hi - we are filing a complaint against an entity defendant. There were two separate incidents where the defendant committed the same tort, but there were two different outside entities that were involved as well. The additional entity that participated with the defendant in the first incident is... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, you can address your situation by filing a single complaint that includes both incidents, each as a separate cause of action. This approach allows you to streamline the process by addressing all related matters in one legal proceeding. In your complaint, it's crucial to... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for California on
Q: I'm a single mother to my 7 year old daughter. Late August 2023.

I was evicted from my house due to loosing my job and I also had a warrant for my arrested due to not showing up to court. Me and my daughters grandmother (father's mother) had an agreement she would care for her until I get back on my feet. She demanded guardianship after two weeks and I said... View More

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answered on Nov 27, 2023

In your situation, it's crucial to understand the legal standing of the grandmother's guardianship claim and the purported no-contact order. If you haven't signed any legal documents granting guardianship and have not been served with any court orders, it's possible that the... View More

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