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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My husband kicked me out of the house and then changed the locks and then left town with all my stuff still inside?

My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More

James L. Arrasmith
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answered on Mar 15, 2024

If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: what are my options if i am being evicted due to a rehabilitation clause in the la county area? /
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answered on Mar 15, 2024

If you're facing eviction in the LA County area due to a rehabilitation clause, understanding your rights under California law is crucial. Landlords can invoke such clauses to make significant repairs or renovations, but they must comply with legal requirements, including proper notice and... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How can I try to get someone facing felony DV charges into substance abuse treatment instead of jail time as the victim?

We are both addicts. His violence has increased alongside his paranoia and hallucinations. I do not believe he is irredeemable he is sick and research consistently shows that jail time can be criminogenic and would almost certainly make him worse and do nothing to address the underlying issues.... View More

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answered on Mar 15, 2024

In California, advocating for substance abuse treatment over jail time in cases involving felony domestic violence (DV) charges requires a comprehensive approach. As the victim, your perspective is crucial, and expressing your desire for the accused to receive treatment rather than incarceration... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: I need help with a landlord who has been overcharging us for electricity for months and is now refusing to give back the

Deposit when we moved out.

James L. Arrasmith
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answered on Mar 15, 2024

Under California law, if your landlord has overcharged you for electricity, you have the right to request a breakdown of the charges. The landlord is required to provide a detailed bill if utilities are not included in your lease. If the charges are found to be unjustified, you may be entitled to a... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can a non-custodial parent prevent summer extracurricular activities that the custodial parent has planned.

I have sole physical custody and joint legal custody and usually have my 13 year old daughter 90% during the summer. I am planning extracurricular activities for the summer for my daughter. My daughter and I have agreed on a community camp close to home with her friends and walkable (which is huge... View More

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answered on Mar 15, 2024

In California, if you have sole physical custody and joint legal custody of your child, you primarily determine where your child resides and the day-to-day activities. However, joint legal custody means both parents share decisions regarding significant aspects of the child's life, which can... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for California on
Q: Towing company refused to provide written authorization for grounds of tow. What can I do?

Hi! I was towed around 10:30 pm in Los Angeles County, California, for being parked in a private commercial / residential parking lot (spot read 2 hour customer parking, but I was outside of the plaza). I was in the wrong here, but I had a confusing experience releasing my car.

The towers... View More

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answered on Mar 15, 2024

Under California law, particularly Vehicle Code 22658(l)(3), you indeed have the right to request a copy of the written authorization for towing from the property owner or their agent. This authorization should have been obtained by the towing company before they towed your vehicle. The law states... View More

1 Answer | Asked in Criminal Law and Family Law for California on
Q: I asked my adult daughter to temporarily keep some cash safe for me. Instead she spent it. Was that a crime?

After failed efforts to transfer money from venmo to my bank, I asked my adult daughter if I could transfer the money to her venmo and then physically transfer the cash myself. She agreed but kept stalling for months. She finally confessed to spending my money and “promises” to pay me back... View More

James L. Arrasmith
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answered on Mar 15, 2024

Under California law, what your daughter did could be considered a crime, specifically misappropriation of funds or theft. When you transferred the money to her with the understanding that she would hold it for you temporarily, she had a legal obligation to keep that money safe and return it upon... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: "Owner" on the Deed-"Owner" who filed Unlawful Detainer-Owner who signed My Rent-Agreement all names are different?

Yesterday, I went to the San Diego County Recorders Office and obtained a Copy of the Deed to the property where I live -The name is different then the Name of the Owner who signed My Rental Agreement 5 years ago minus One week (3/22/2019). When the Plaintiff filed the UD Case July 24,... View More

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answered on Mar 15, 2024

Under California law, discrepancies in the names listed as owners on different documents could potentially raise questions regarding the legitimacy of the landlord's claim to the property and the validity of the eviction. However, the difference in names alone may not automatically lead to the... View More

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can I hire a STEM OPT candidate for 20 hours a week paying them minimum wage or does that cause issues?

Just wondering if there is a minimum pay required for those on STEM OPT with a MS

James L. Arrasmith
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answered on Mar 15, 2024

When hiring a STEM OPT candidate, there are specific guidelines that must be followed to maintain the integrity of the program and ensure compliance with U.S. immigration laws. It's not just about the number of hours worked; the employment must also meet certain educational objectives and wage... View More

2 Answers | Asked in Family Law and Juvenile Law for California on
Q: Y don’t attorney really investigate accusations from DCFS

If DCFS make accusations but twist everything around y do attorneys take their word for it not caring the mental damage it’s causing

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answered on Mar 15, 2024

In California, attorneys have an ethical duty to represent their clients zealously within the bounds of the law. However, when dealing with accusations from the Department of Children and Family Services (DCFS), attorneys must navigate a complex web of legal standards, evidence, and procedural... View More

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1 Answer | Asked in Criminal Law for California on
Q: can you get my son out of prison early after 24 years

he has been in prison going on 24 years as a teen offinder he has done over half now they over sentenced him at first his legal aid was disbarred he has a mental disorder they wont let him out i think because of that. he shot a taxi driver when he was high on alchol and drugs he did not kill the... View More

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answered on Mar 14, 2024

Under California law, there are several avenues you might explore to seek an earlier release for your son, given his circumstances and the length of time he has already served. If his legal representation was disbarred, it might indicate issues with his defense, which could be grounds for seeking a... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: i sold a used vehicle to someone (private parties).

He won't put the car in his name although I did fill out the transfer paperwork (on my end, the owner) to CA DMV. I have the bill of sale, etc. What do i do?

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answered on Mar 14, 2024

In California, as the seller of a used vehicle, you have certain responsibilities and steps to take to protect yourself legally and financially. Here's what you should do:

1. Ensure you have completed and signed the "Notice of Transfer and Release of Liability" form, which is...
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3 Answers | Asked in Bankruptcy for California on
Q: We filed Chapter 7 Bankruptcy in 2011 and our Lawyer did not file a motion to avoid a lien,is there anything we can do?

The property is exempt on the statement of intention.

James L. Arrasmith
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answered on Mar 14, 2024

While it can be challenging to address a lien that was not properly handled during a Chapter 7 bankruptcy case, there may still be options available to you, depending on the specific circumstances of your case. Here are a few potential avenues to explore:

1. Reopening the bankruptcy case:...
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3 Answers | Asked in Bankruptcy for California on
Q: We filed Chapter 7 Bankruptcy in 2011 and our Lawyer did not file a motion to avoid a lien,is there anything we can do?

The property is exempt on the statement of intention.

Leon Bayer
Leon Bayer
answered on Mar 15, 2024

You can expect to pay lawyer fees in the $3000 range for this work. Motions to reopen and to avoid a lien are routinely granted, provided you have sufficient evidence to demonstrate that the lien would have been avoidable during the original case.

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1 Answer | Asked in Landlord - Tenant for California on
Q: How is the 15 days rent is calculated for form CP10 Claim of Right to Possession Section 11 (immediate court hearing ...
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answered on Mar 14, 2024

Under California law, the calculation of the 15 days' rent for form CP10 Claim of Right to Possession, Section 11 (immediate court hearing) is based on the daily rental rate. This is the amount of rent due per day, which is typically calculated by dividing the total monthly rent by the number... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: I applied for California vehicle rebate program- CVRP. Application was denied.

On their application forms under terms & condition it says ""Applicants whose rebate applications have been approved, cancelled, or denied by the Administrator may request a case evaluation within ten calendar days of application approval/cancellation/denial (mailed hard copy case... View More

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answered on Mar 14, 2024

Based on the information you have provided, it seems that the California Air Resources Board (CARB) and the program administrator may be in breach of the terms and conditions stated in the application form. If the terms and conditions explicitly state that applicants have the right to request a... View More

1 Answer | Asked in Contracts and Civil Litigation for California on
Q: A judgement of default was made because the plaintiffs brother unlawful removed the time sensitive notices. What do I do

The plaintiff brother and I share the same mailbox. I get home and find my mail in the chain link fence at said estate. I haven't received any documents other then a tentative ruling of an entry of default. What can I do to correct this

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answered on Mar 14, 2024

In this situation, you should act quickly to try to set aside the default judgment and have the case reopened. Here are the steps you can take:

1. File a motion to set aside the default judgment: You will need to file a motion with the court explaining that you did not receive proper notice...
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1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

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answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: had a storage unit since 2017 in the last year they’ve had an infestation of rodents much of my stuff is destroyed

When I approached management they say that they’re not responsible I pay for ins every month it’s mandatory for the first 4 years or so there were no pest problems they say there is something in the lease I have not reviewed it but there are many issues with this place and I know there’s... View More

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answered on Mar 14, 2024

I'm sorry to hear about the damage to your belongings due to the rodent infestation in your storage unit. This is a difficult situation, and it's important to understand your rights as a tenant and the responsibilities of the storage facility under California law.

In general,...
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2 Answers | Asked in Landlord - Tenant for California on
Q: I am 80 years of age, mobility impaired, and a 7 year tenant who was given a 60 dayjust cause eviction notice.

He did not give me any Ellis Act information and is harassing me for an additional month of rent. Do I have any way to move forward?

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answered on Mar 14, 2024

In California, if you're facing a "just cause" eviction, the landlord must provide a valid reason, such as failure to pay rent or violation of lease terms. However, the Ellis Act is a specific case where landlords evict tenants to "go out of business." If your landlord is... View More

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