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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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2 Answers | Asked in Criminal Law, Admiralty / Maritime and Banking for California on
Q: How can I obtain copies of the official bonds of Los Angeles county Superior Court judges and the clerk/executive office

I was damaged by some Superior Court judges misconduct and fraud and I would like to file a claim against their official bonds and their owes of office but they will not inform me where to obtain them or or even provide me a copy when I write the court clerk / executive officer

Robert Kane
Robert Kane
answered on Oct 4, 2024

It is very unlikely you can obtain name of the surety (generally an insurance company that sells the bond to the principal (the judge.)) You can submit a request for information, but it will most likely be denied. If you have a viable case for judical misconduct and fraud you would file a claim... 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

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

There is no way for anyone here to know this. I do not know who the company you mention is, but as a general matter, many investigations (other than public ones such as NTSB accident investigations, or certain cases receiving journalistic coverage) are not conducted openly. Good luck

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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

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

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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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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1 Answer | Asked in Criminal Law, Personal Injury, Admiralty / Maritime and Civil Rights for California on
Q: Nov. 30. 2022 my brother and 14 other Bulldogs were set up by CDCr Gladiator Fights he was stabbed 3x & survived

CDCr never notified to this day his mom to inform her that her son was stabbed air lifted but survived the Gladiator Fights they set up. As soon as they got off the bus went through work exchange, the gates close, the bus drives away they get attacked by the whole prison full of Southerns. I sent... View More

William John Light
William John Light
answered on Dec 23, 2022

Talk to a civil rights attorney. You are out of your league trying to investigate this on your own.

1 Answer | Asked in Admiralty / Maritime for California on
Q: Can fishing game obtain a warrant off a sheriff that performs illegal search and seizure

My car broke down I was in a parking lot I had expired tags but my starter went out then a sheriff pulled up started harassing me then arrested me and and two other people one of them was in a different parking lot they went and got her for no reason we were waiting for a tow truck after arresting... View More

James R. Dickinson
James R. Dickinson
answered on Oct 19, 2022

Please see my previous response to this same question. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law and Admiralty / Maritime for California on
Q: OK so I was sitting in a gas parking lot with two of my friends And my starter went out so I pushed my car over to a

Parking stall While waiting for a tow truck to come get me 3 1/2 hours later a sheriff drives behind me turns around comes back doesn’t turn his lights on or nothing demands me to shut my trunk and then starts giving me the third degree and asking me questions out of the blue then starts to... View More

James R. Dickinson
James R. Dickinson
answered on Oct 19, 2022

More information in needed. You should have a confidential consultation with a local attorney as soon as possible. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... View More

1 Answer | Asked in Contracts, Copyright and Admiralty / Maritime for California on
Q: I need information about adverse possession please give me a call the phone number
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2022

Your post covers Admiralty/Maritime together with Adverse Possession. Unless you're talking about seizure/arrest of a ship or boat, it's possible this could be closer to a real estate matter than a maritime law matter. If this involves real property (in the form of land, not vessels), you... View More

2 Answers | Asked in Contracts and Admiralty / Maritime for California on
Q: I paid $12,000 to a broker for sailboat. I am now being told that the boat is for sale “as is” by owner” is this legal?

i was never given a contract from the broker. I have a text message that I sent him and that he responded with an on “ok”. Later when I asked him to respond about some undisclosed issues that were later identified, the “broker” told me that he actually owned the boat (lie). And that it... View More

Masoud Jahani
Masoud Jahani pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2021

Hi

There is not enough information to answer your question, so I ask few questions below.

Most used boats are sold “as is”, and the buyer usually buys subject to inspection.

If you’ve gone through a broker did they mention to you if you wanted an inspection done on...
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2 Answers | Asked in Contracts and Admiralty / Maritime for California on
Q: So I did some work on a boat and the lady didn't pay the full Bill she gave me a portion and told me that's all I get

I have pictures witnesses of the whole ordeal

Maurice Mandel II
Maurice Mandel II
answered on Sep 13, 2021

Unless you are owed more than $10,000- Small Claims Court may be the path of least resistance for you to recover against the boat owner. You don't say why she doesn't want to pay the full bill, is she unhappy with the work? Prove up your case with photos and all your receipts for... View More

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2 Answers | Asked in Admiralty / Maritime and Landlord - Tenant for California on
Q: Can a marina owner move someones boat to another slip without boat owners permission?

And what are the reprecussions of doing it?

Tom Evans
Tom Evans
answered on Aug 21, 2021

This very likely does not involve admiralty or maritime law. Most likely any legal

issue would be a contract question subject to your State law. I recommend you

call a lawyer locally, provide or describe the contract, if any, and look for local lawyers who offer a free initial...
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3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... View More

Leon Bayer
Leon Bayer
answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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