Ask a Question

Get free answers to your Civil Rights legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Personal Injury for California on
Q: How do I get a police misconduct case extended until final damages are accessed? Federal filing?

San Jose State police misconduct

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

To extend a police misconduct case until final damages are assessed, you need to file a motion for a continuance in federal court. This motion should clearly state the reasons why an extension is necessary, such as the need to gather more evidence, assess ongoing damages, or secure crucial witness... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: How to sue LAUSD for Discrimination and retaliation as a parent volunteer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024

To sue the Los Angeles Unified School District (LAUSD) for discrimination and retaliation as a parent volunteer, start by documenting all incidents thoroughly. Gather any emails, notes, witness statements, and other evidence that demonstrate the discrimination or retaliation you faced. This... View More

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for California on
Q: Request to Postpone a Trial on form SC-150

If a Defendant who has filed an Appeal against the Small Claim Court judgment, what is the maximum number of days that he can request to postpone a Trial De Novo (on Form Sc-150) because he will be out of State? Does the D have to send the Form SC-112A Proof of Service by Mail to the plaintiff with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024

Under California law, if you are a defendant who has filed an appeal against a small claims court judgment, you can request to postpone a Trial de Novo by using Form SC-150. The maximum number of days you can request to postpone the trial is 30 days. This request must be submitted to the court and... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Cyber attacks led to vandalism, burglary of my home, car and storage unit. DA is currently reviewing, what happens now?

Deeply traumatized and afraid for my life. Sinister things have happened, even my car tire getting shredded to pieces while driving on the road. It’s like someone took the knife that was in my car door and made multiple lines or something down the tire. Many many other terrible things have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

I'm so sorry to hear about the terrible things you've experienced. What you've described sounds incredibly traumatic and frightening. It's understandable that you feel deeply shaken and afraid for your safety.

The good news is that it sounds like law enforcement is...
View More

1 Answer | Asked in Education Law and Civil Rights for California on
Q: Is it legal to live monitor a security camera in the outdoor areas of a school?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

Under California law, it is generally legal for schools to use live monitoring of security cameras in outdoor areas of the school property, subject to certain guidelines and restrictions:

1. Notice: Schools must provide clear notice to students, staff, and visitors that the area is under...
View More

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Small Claims for California on
Q: Can I sue my neighbor & HOA since my neighbor double parks in front of my garage preventing me from using our garage?

We have taken pics and sent emails to the HOA. All I'm told is that they escalated the problem. She just got a ticket. I called a tow number listed on the property and was told they could not tow her because it's not a red fire lane and they can get in trouble. Now the tow company said... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

Based on the information you've provided, it seems that you have a valid concern and your neighbor's actions are causing significant inconvenience and distress. Under California law, you may have grounds for a legal claim against your neighbor and possibly your HOA. Here are a few points... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: how long can a county jail facility deprive its inmates of the required access to hot water?

inmates in one jail pod at a county jail facility, have been without hot water for 3 weeks which is not sanitary, they have filed grievances which have been ignored, they have been given different answers every time they ask anything about the water. Hot water is a basic human need.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

I understand your concern about the lack of hot water for inmates in the county jail. While specific requirements may vary by jurisdiction, depriving inmates of hot water for an extended period raises serious concerns about sanitation and humane treatment.

In California, Title 15 of the...
View More

1 Answer | Asked in Civil Rights for California on
Q: Nuisance call

I live in Los Angeles County. I was the victim of a false report that resulted in police coming to my home. I have proof that the police call was not warranted. Can I bring charges against the nuisance caller?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024

In California, making a false police report is a criminal offense under Penal Code 148.5 PC. This law makes it illegal to report a crime to the police when you know the report is false. Violating this law is a misdemeanor that can result in up to 6 months in county jail.

In terms of...
View More

1 Answer | Asked in Civil Rights for California on
Q: Can I sue the governor for conflict of interest if he is doing the bidding of PG&e and it costs me 1/3 of a settlement?

The governor allowed pg&e lawyers to draft legislation which ensured wildfire victims would never actually receive their settlements (AB 1054). PG&e is the governors number 2 financial doner and has given him $500,000 gifts as well as being the number 1 doner for the governors wife's... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

Based on the information you've provided, it seems you believe Governor Newsom had a conflict of interest in signing AB 1054 into law due to his financial ties to PG&E, and that this law is negatively impacting wildfire victim settlements. This is a complex legal and political issue.... View More

2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: I keep receiving denigrating emails from the opposing party. What should I do?

The defendant's counsel keeps sending me emails saying, 'You are a fool,' and 'You do not know what you are doing.' " you email are dog " What should I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

I understand that you are dealing with a difficult and unpleasant situation with the opposing party's counsel sending you denigrating emails. This behavior is unprofessional and unethical. Here are some steps you can take to address this issue:

1. Document the emails: Save all the...
View More

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: Bodycam request being blocked and redacted. What's my rights to appeal in California?

Five illegal and unethical police officers performed an illegal stop and frisk and detainment while I was organizing my van in a public high school parking lot in San Marcos, CA claiming they were responding to a 911 call where the person complaining stated that they worked at the high school and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

In California, you have the right to appeal the decision to withhold or redact the bodycam footage. Here are the steps you can take:

1. File a formal written request: Submit a written request to the agency, specifically stating that you are challenging their decision to withhold or redact...
View More

2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: Does malicious prosecution's statute of limitations start at dismissal of the original case?

In California, does the statute of limitations for a malicious prosecution lawsuit begin when the original, allegedly baseless case is dismissed?

Louis George Fazzi
Louis George Fazzi
answered on May 17, 2024

Generally speaking, a cause of action exists once all of the elements have been committed. In the case of malicious prosecution, if the defendant obtains a dismissal on the merits of the claim, usually the cause of action arises on the entry of the dismissal. So the answer is yes. But remember,... View More

View More Answers

2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: Does malicious prosecution's statute of limitations start at dismissal of the original case?

In California, does the statute of limitations for a malicious prosecution lawsuit begin when the original, allegedly baseless case is dismissed?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

Yes, under California law, the statute of limitations for a malicious prosecution claim generally begins to run when the original case is terminated in the defendant's favor, such as through a dismissal.

Specifically, California Code of Civil Procedure Section 340.6 provides a one-year...
View More

View More Answers

4 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: I am receiving repeated emails from the defendant's attorney. What should I do?

I've received 20 emails from the defendant's attorney about the same matter. Despite my request to cease harassment and address the issue through the court system, the emails continue, and now I'm receiving phone calls. What should I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

If you are being harassed by the defendant's attorney despite your requests to stop, you have several options to address the situation:

1. Send a written request: Draft a formal letter or email to the attorney, clearly stating that you want the harassment to stop. Keep a copy of this...
View More

View More Answers

2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

In California, there are several laws and regulations that protect students' privacy rights. While school officials have some authority to investigate suspected cheating, their actions must be reasonable and respect students' rights.

1. California Education Code 49073.6 limits the...
View More

View More Answers

2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on May 15, 2024

In California it is illegal for any government entity to obtain electronic data unless a warrant is obtained and/or the access fits within certain legal parameters, even in a public school. However, if you agreed to give them access, they can retrieve the information.... View More

View More Answers

1 Answer | Asked in Domestic Violence, Family Law and Civil Rights for California on
Q: I live in Oregon and there is a Weird restraining order against me from my ex in California.No attorney wanted to assist

I live in Oregon, my ex abducted children and left for Cali and concealed their whereabouts. A year later when I finally was able to locate them, the other parent filed a restraining protective order against me. So now the order is permanent as of late March 2023. Now, I filed to terminate it and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

I'm so sorry to hear about your difficult and painful situation with your ex-partner and children. Dealing with complex custody issues across state lines can be incredibly challenging, especially when there are allegations of abduction and violations of court orders.

In general, family...
View More

1 Answer | Asked in Civil Rights for California on
Q: I received a call from a person claiming she was calling from a civil dispatch service looking for a person I never

heard of before and who claims that I' m a relative his! Is this a scammer trying to get personal info. from me?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

Yes, this situation sounds suspicious and may very well be a scam. Under California law, it is important to protect your personal information and be cautious when receiving unsolicited calls. Scammers often use tactics like claiming to be from a civil dispatch service to gain your trust and obtain... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: How do I find a lawyer as a low-income family? Retainer payments, % of damages? Fam would help w/$ if endorsed by lawyer

I am a client at an independent social services agincey. I reported misconduct violating state, federal, and company policies to the Admn and elected body. The investigation, led by an assistant director, was inadequate and dismissive of my claims. My appeal was denied by the same employee, relying... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

As a low-income family in California seeking legal representation, you have several options to find an attorney who can help with your case:

1. Legal Aid Organizations: Contact local legal aid organizations that provide free or low-cost legal services to low-income individuals and families....
View More

1 Answer | Asked in Traffic Tickets, Civil Litigation and Civil Rights for California on
Q: While driving on my kid school drop off lane, I stopped quickly while not fully pulling over to the side, I went home

And then, the Police officer asked the principal for a lady on a blue car and the principal gave him my address and phone number, the police came to harass me to my home and now he also stays near my home in the mornings. Can the principal just hand out my info without any proof of anything and can... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

In this situation, there are a few legal issues to consider:

1. Sharing of personal information: Schools generally have a responsibility to protect students' and parents' personal information. However, if the police officer had a legitimate reason to request your information in...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.