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California Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My case is on appeal to the appellate court. If I lose can I appeal to the 9th circuit? Law is unconstitutional. .

Law is unconstitutional. Violates first amendment. Ca Penal code 302a

David  Vaughn
David Vaughn answered on May 15, 2021

It sounds like your case is on appeal to one of the California Courts of Appeal, which is the body that hears appeals from California Superior Courts (trial courts). The California Courts of Appeal are what is called an "intermediate court of appeal," because they are above the California... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Hello my name is Daniel I have cameras in my room Against my will and without my permission I am 31 years old

Yah my case is pretty heavy

I am not a bad guy

I need legal help

It doesn't feel good having cameras in my

And everything else that is being done to me

Joseph Abrams
Joseph Abrams answered on May 15, 2021

The facts here are very vague as to what is actually going on. Are you on some type of pretrial electronic monitoring? Although that would not involve cameras. Are you detained in an institution of some type? Which could very well include cameras. Try to be more specific as to your circumstances.

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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Dale S. Gribow
Dale S. Gribow answered on May 5, 2021

MUCH MORE INFO NEEDED.

IS 11/18 .......2018?

BECAUSE YOU HIRE A LAWYER DOESN'T MEAN YOU WILL GET OFF FROM THE CHARGES. A LAWYER FORCES THE DA TO MEET THEIR BURDEN OF PROOF. WHETHER THE CLIENT DID THE ACT OR NOT IS NOT THE ISSUE. IT IS WHETHER THERE IS ENOUGH EVIDENCE TO...
Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My case is on appeal to the appellate court. If I lose can I appeal to the 9th circuit? Law is unconstitutional. .

Law is unconstitutional. Violates first amendment. Ca Penal code 302a

Louis George Fazzi
Louis George Fazzi answered on Apr 30, 2021

If your case is on appeal to the California court of appeal, you cannot appeal to the 9th Circuit court of appeals. Appeals to the 9th Circuit must come from cases decided in the United States District Court. You should be discussing these issues with your own lawyer, that is, whoever is handling... Read more »

1 Answer | Asked in Civil Rights for California on
Q: Could you help me obtain who to contact about my settlement that I never received or notified about in the Class action

Lawsuit Cozzitorto vs AAA of Northern California. The trial took place in Contra Costa county, California

Louis George Fazzi
Louis George Fazzi answered on Apr 28, 2021

You should have submitted your claim prior to the deadline to do so in the class action lawsuit after the settlement was approved by the court. I was unable to find the Claims Administrator for you, but you may be able to contact the law firm which represented the plaintiffs. You can locate them by... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Who determines what are permissible affirmative defenses in the US? Do the courts decide or does the legislature do so?

More specifically, would it be unconstitutional for a law to be passed by a state government that creates a new affirmative defense for certain actions taken by a defendant that is subject to a civil lawsuit?

Dale S. Gribow
Dale S. Gribow answered on Apr 26, 2021

LAWS ARE MADE BY COURT DECISIONS AND BY LEGISLATION.

IF A COURT BUYS YOUR LEGAL ARGUMENT AND IT IS NOT APPEALED OR REVERSED, THEN IT WOULD BE A PRECEDENT TO ARGUE IN THE FUTURE.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: How can we know the law if there is not 1 case text that's the same? Do we have to have something already established?

Our Attorney did nothing but threaten and lie. He even kept fees for expert witnesses we didn't get. There is no previous case in history like this one. I've searched for 4 years. Not 1. Does there need to be a previous ? I'm trying hard to come up with Attorney fees but 1st... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2021

MORE INFO NEEDED.

IT SOUNDS LIKE A CRIMINAL MATTER AND MAYBE AN APPOINTMENT WITH A LOCAL CRIMINAL LAWYER TO DISCUSS YOUR OPTIONS WOULD BE A GOOD IDEA.

NEW LAW IS MADE BY JUDGE RULINGS AND THOSE POLITICIANS THAT REPRESENT US.

OFTEN A LAWYER HAS TO PAY EXPERTS BEFORE S/HE...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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1 Answer | Asked in Civil Rights for California on
Q: An inspection warrant was served to me but a search was what I received, every cabinet etc. Direct me to the best lawyer

After reading laws on inspection warrant it seems most of the laws on that particular warrant were broken

Louis George Fazzi
Louis George Fazzi answered on Apr 21, 2021

You will need a lawyer with experience in municipal codes and the kind of administrative warrant which was served on you. And a good civil rights lawyer, preferably one who has some experience dealing with code enforcement at the local city and/or county level. These particular kinds of lawyers are... Read more »

1 Answer | Asked in Civil Rights, Communications Law, Domestic Violence and Libel & Slander for California on
Q: I'm being neural remote monitored I need a lawyer to sue them
Dale S. Gribow
Dale S. Gribow answered on Apr 18, 2021

more info needed to understand.

however, i do not do that sore of litigation.

that would be civil litigation, not criminal.

chances are you would only find a lawyer to do so on an hourly, not on a contingency

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can local police execute a warrant at my property for someone else on federal land

The person in question was arrested in different city he’s on paper being in two places at once, on paper they said he was detained at my residence but he was not

Louis George Fazzi
Louis George Fazzi answered on Apr 16, 2021

The local police can search your property for someone else if they have a reasonable suspicion to believe the person might be present there, if they have a warrant to do the search, and in some cases even without a warrant. It depends on all the circumstances.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I have multiple attorneys present in interview with LAPD? Can police only allow one attorney to be present?

For example have 6 attorneys in the interview room.

Louis George Fazzi
Louis George Fazzi answered on Apr 13, 2021

You can take a whole army with you, but don't be surprised that they limit the attendance. Two might work, or even three, but when you get more than that the size of the interview room becomes an issue. Be prepared when they ask you why you need so many lawyers to advise you.

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for California on
Q: Do children have any rights to their deceased dad's stuff if his mother never informed them of his death?

2 days ago my brother told me that our dad died last March. I live in Missouri and my brother was in prison at the time.The coroner told me that our dad's mom made arrangements for everything. My father told me that there were things he was wanted me to have (pictures and a car). I'm the... Read more »

James Edward Berge
James Edward Berge answered on Apr 12, 2021

In California, the decedent’s children are the intestate heirs of the decedent and not the decedent’s parents. If dad died testate (with a Will), the beneficiaries under that Will are entitled to his property. Demand to know why your dad’s mom thinks she’s entitled to the property. If... Read more »

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1 Answer | Asked in Civil Rights for California on
Q: Good afternoon, my inquiry reference a CALIFORNIA civil court case, what proof of service form is required?
Margaret Ann Sedy
Margaret Ann Sedy answered on Apr 12, 2021

For a Summons & Complaint, the Judicial Council Form POS-010 is required, which can be found here: https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/pos010.pdf

Note, that if an entity was served via substituted service, the process server must almost complete a Declaration of...
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1 Answer | Asked in Tax Law and Civil Rights for California on
Q: What is the process to be removed from some one taxes.

Without my permission I was used as a dependent there for I didn't get the enconmic payment and when I file online it gets rejected or something goes wrong

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 12, 2021

You will need to file a paper return and include a note indicating that you should not have been taken as some one else's dependant.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Where can I find an attorney that will take a prisoners rights case that contains deliberate indifference?

The incident involves State prison and correctional health executives transferring over 100 prisoners from a Covid19 Hotspot to another facility that had no Covid19 cases. I was among those at the receiving facility who then became ill as a result of that transfer. The executives acted with... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 10, 2021

You can find many good law firms in and around Oakland and San Francisco who are experts in civil rights cases of the kind you describe. It seems you already have developed a good bit of evidence to support your case. I suggest you prepare a chronology of the events, if you haven't already... Read more »

1 Answer | Asked in Civil Rights and Trademark for California on
Q: Hello, i want to know if a roofing buisness in california , is it possible to advertise service with a star wars vibe?

with star wars i mean , My company name will be ROOF WARS , and it will look like a star wars theme company , that focuses in roofs.

Thanks

Louis George Fazzi
Louis George Fazzi answered on Apr 5, 2021

Before you do that I suggest you contact the Disney company and get their approval before you start using images or characters based on Star Wars as the theme of your new business. You may run afoul of their copyrights or trademarks if you use direct copies of their Star Wars themes or characters.... Read more »

1 Answer | Asked in Civil Rights for California on
Q: Is there a civil remedy available against a tow truck company that tows after its motor carrier permit has expired?

My car was towed from private property by a company whose motor carrier permit had expired.

What remedies do I have?

Thanks.

Louis George Fazzi
Louis George Fazzi answered on Mar 29, 2021

There probably is a civil remedy available for that. You'll need a good civil rights lawyer to help you with this. I suggest you look for a law firm with a lot of civil rights law experience. You might even be a representative of a class of other claimants like yourself if the tow trucking... Read more »

3 Answers | Asked in Personal Injury, Traffic Tickets and Civil Rights for California on
Q: If someone is suing can i sue the same person as well?

Can i join another person lawsuit for financial compensation?

John Karas
John Karas answered on Mar 26, 2021

Your question has absolutely nothing to do with criminal law. If you want to sue someone, that's a CIVIL matter.

Just because someone else is suing someone, doesn't mean you can join their lawsuit (or file an independent action against that defendant). to "get on the gravy...
Read more »

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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for California on
Q: I missed my court date for failing to yield in the high desert. It was on Thursday March 24, 2021at 8:00 am. I was told

by the clerk “Do to COVID-19 I cannot go and clear it until November 24, 2021. Dept. V5. In conclusion I am a victim of racial and identity profiling (Parole and Police departments), slander, police falsifying evidence, and last but not least “GANG STALK” 2 years now. I’m also a 290... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2021

more info needed.

if you missed your court date a bench warrant was issued.

if the clerk advised you of a new date far off then you are to return by then.

if it is just a traffic matter you can pay tix and not attend.

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