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California Agricultural Law Questions & Answers

Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.

Limbs have fallen from the two trees on both sides of the tree limb that hit my car causing $2,000.00 damage to my vehicle

Ali Shahrestani, Esq. answered on Jan 14, 2019

The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue.... Read more »

3 Answers | Asked in Traffic Tickets, Agricultural Law and Animal / Dog Law for California on

Q: How do we look up the code section we got a ticket for? The code on the ticket is CO-B31-3A-I (infraction) stray sheep

The sheep on our unoccupied farm were spooked in the middle of night by neighbor's dog and a few ran out onto the road through the opening of a small creek (dry at the time) that runs through the property. We are not allowed to close this opening as it could hinder passage of rain runoff.... Read more »

William John Light answered on Jan 9, 2018

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAC§ionNum=16902.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=3....
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1 Answer | Asked in Employment Law, Sexual Harassment, Workers' Compensation and Agricultural Law for California on

Q: If your work Comp attorney wants to terminate your relationship what do I file to release him from collecting leins

My attorney spent one year subpoenaing my medical records. He post poned all QME appointments. Now he has asked me to settle my claims at an amount I question then he told me I had to take his suggestion or come pick up my files.

Is an injured worker allowed to have the defense provide an... Read more »

Nancy J. Wallace answered on Dec 27, 2017

You may (1) Sign a Notice of Dismissal of Attorney, then (2) speak with or write to the defense attorney freely. You can request an 'accounting' but there is nothing in the Labor Code requiring the defense attorney provide you with anything. YOU ARE entitled to an attorney who can explain how... Read more »

1 Answer | Asked in Agricultural Law, Animal / Dog Law and Civil Rights for California on

Q: Does law enforcement have legal right to force you to abandon your pets in case of emergency? During rescue?

Louis George Fazzi answered on Sep 6, 2017

Depending on the circumstances, police authorities can compel you to leave your property promptly, even if it causes you to abandon your pet(s). It all depends on the nature of the emergency.

1 Answer | Asked in Real Estate Law and Agricultural Law for California on

Q: Can our neighbor be "forced" to maintain their berry bushes, so that they don't grow over the fence into our yard?

We live at the bottom of a hill. The neighbor behind us has a home at the top of the hill, and owns most of the property in between. Many years ago we removed all of the berry bushes growing on our property. But just over the fence, there is about 10 yards deep of berry bushes still growing... Read more »

Ali Shahrestani, Esq. answered on Jun 27, 2017

You can claim trespass if their bushes are over the property line. If they don't respond to written requests from an attorney, litigation may be required. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... Read more »

1 Answer | Asked in Criminal Law, Agricultural Law, Environmental and Land Use & Zoning for California on

Q: Can I get a license to grow and harvest marijuana on my farm in Nebraska?

Marijuana was planted for rope and soil health pre WWI. We currently eradicate marijuana with herbicides and grow corn and soybeans. Costco sells hemp seeds from Thailand and paper can be made from the fiber (instead of trees)...what is the possibility of growing legal marijuana on the farm?

Ali Shahrestani, Esq. answered on Jun 1, 2017

Contact a Nebraska lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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