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California Civil Rights Questions & Answers
2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: what should I do in this situation? Should I apologize for how can I find a new attorney? They are so difficult to find.

I have a discrimination claim from a Levi store where they accuse me of theft. I went and hired a attorney and he represented me for eight months but every time I try to contact him, he would never answer the phone and would always put me on the phone with his legal assistant, who was very rude,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2023

You should start interviewing a new LOCAL lawyer to sub in on the case.

The 2 lawyers will work out how to divide the fee......

you will not pay any more money.

I assume your case is your suing them for arresting you for shoplifting when you had not done so? If so, did you...
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: What should I do in this situation?

Old attorney doesn’t want to represent me anymore in discriminatory claim, it’s very difficult to find an attorney to take my claim. Any suggestions?

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2023

When a lawyer "bows out" it is usually an indication that the case either no longer appears to have value; it will cost to much to go to trial, and there will be nothing left for the client ...or there is a challenge dealing with the client.

Remember, you are asking a lawyer to...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for California on
Q: What to file if the civil unlimited case was a dismissal if you appeared by zoom in Sacramento court

At the time the mandatory settlement conference was for i clicked the link the Sacramento Ca court clerk sent me in the email because the judge allowed me to appear via zoom and it went to my zoom app and the screen and said waiting for host to start the meeting all day I was waiting and no host... Read more »

James L. Arrasmith
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answered on Mar 21, 2023

If you received a dismissal in a civil unlimited case despite appearing by Zoom and waiting for the mandatory settlement conference, you may have several options for pursuing your case further.

File a motion to vacate the dismissal: You may be able to file a motion asking the court to set...
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2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: Need help to find a lawyer for a patient violently crippled by an LA County Deputy prior to his long incarceration.

In 1988, while in LA County custody, my patient was violently assaulted by a corrections deputy, leaving him crippled to this day. He's been incarcerated until his recent release into our program (in Palm Desert), and was blatantly discouraged by prison staff to not pursue legal action during... Read more »

William John Light
William John Light
answered on Mar 21, 2023

That was 35 years ago. Normally, the statute of limitations would have expired long ago. However, under Code of Civil Procedure section 352.1 (the version in existence in 1988), the statute of limitations is tolled during the period of incarceration. However, the 1994 amendment to 352.1, which... Read more »

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2 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: What kind of attorney should I look for?

I was out shopping at a local store when I was accused of theft. Honestly I feel I was discriminated against. What kind of attorney takes these type of cases?

Dale S. Gribow
Dale S. Gribow
answered on Mar 21, 2023

you will want a civil litigator.

however, you have the burden of proof and "feeling" doesn't sound like it is enough.

it will be VERY difficult to find a lawyer for a case like this.

you have to prove liability and DAMAGES............

ie...how were you harmed?

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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Contracts and Civil Rights for California on
Q: What is the process for HOA homeowners opposing amended cc&rs in CA when board uses DS code 4275?

The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.

What is the process for owners to file opposing... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Mar 21, 2023

Your question must be directed to lawyers admitted to practice in Arizona. This is the forum for questions directed to California licensed attorneys.

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3 Answers | Asked in Civil Rights, Lemon Law and Public Benefits for California on
Q: Can I sleep in my car with a car cover over it in California if im homeless ??
Louis George Fazzi
Louis George Fazzi
answered on Mar 21, 2023

As long as you are parked in an area where there are no restrictions against parking, you should be safe. However, law enforcement may need access to your car's license plate from time to time, if you are parked on a public street.

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2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Personal Injury for California on
Q: How do I go about seeing the police officer or department for the following incident.

A officer rushed me out of my parked rv causing my dogs to get loose after speaking with him he watched as i struggled to get my 3 dogs inside witch resulted in a first ever fight to ensue in witch the officer watched as I screamed for his help as my arm was unfortunately the unintended target of... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2023

i would "beef" the officer...that is to contact the Captain of the station to explain what happened.

you can also contact your city council and maybe news stations.

if you can't find a lawyer, consider small claims where you can sue.

it is hard to prevail in a...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: During the trial process, a witness, who had already given testimony, was found lying on the court when -->

During the trial process, a witness, who had already given testimony, was found lying on the court when answering a particular question. Let's assume that the tape of the witness's conversation outside of the courtroom, which proves the witness's lies on the stand, was submitted to... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2023

If this happened in trial, then you obviously had an attorney.

That is the person who has all the facts and will be in the best position to advise you on a matter like this.

Defendants are not always the best historians and leave out crucial information that is important to a lawyer...
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3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for California on
Q: Isn't it against the law (CA) to file a false police report?

What course of action may I take as a victim of this abuse of the law? Am I able to sue the individuals and/or can they be arrested for lying to LE and their harassment?

Bart Kaspero
Bart Kaspero
answered on Mar 20, 2023

This is True. It is against the law to knowingly report a crime or file a false police report. Be aware that it will be your burden to provide the proof of the falsity--Law enforcement will not jump through hoops for you because they typically get many individuals claiming that a report was... Read more »

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1 Answer | Asked in Civil Rights and Internet Law for California on
Q: My daughter was recorded on an app and posted she is a minor. A YouTuber posted her and was bullying her. What can I do.

Video is on TikTok Twitter YouTube and instagram

James L. Arrasmith
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answered on Mar 20, 2023

I'm sorry to hear that your daughter is being bullied online. Here are some steps that you can take to address the situation:

Report the video: Contact the platforms where the video was posted (TikTok, Twitter, YouTube, and Instagram) and report the video as inappropriate content. Make...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: I have had numerous criminal trespass incidences upon my property. Cant rely on property management's surveillance.

I am positive of the approximate hours of criminal trespass, I since have made an online vandalism report, called 911 non emergency 6 times, each having 2 officers respond to my request (SWLAPD), now it appears that I am being ridiculed or am receiving bais to the point where 2 times already, two... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I'm sorry to hear that you are experiencing criminal trespassing on your property and that you feel like you are not getting adequate support from law enforcement or property management. If you believe that you have been subjected to bias or discrimination by law enforcement, you can file a... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can a police officer order me and my partner to stop talking to each other and order her to close her eyes?

Officer ordered me and my partner twice to stop talking to each other while being detained and on the third time aggressively threatened saying that he will not ask again if we didn’t stop. He also ordered my partner to close her eyes and then asked her for the second time if she had any drugs... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

Police officers have the authority to give lawful orders in certain circumstances, such as during a detention or arrest. However, the orders must be reasonable and related to the situation at hand. Ordering you and your partner to stop talking to each other might be lawful if the officer had a... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What should I do in this situation?

My attorney who is fighting my personal injury/NIED/DISCRIMINATION/emotional distress claim emailed me yesterday stating he doesn’t wish to represent me any more, and he’s not seeking a lien. He sent me my case file and I reviewed it. He didn’t even make it to the discovery phase I don’t... Read more »

James L. Arrasmith
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answered on Mar 19, 2023

I'm sorry to hear about your situation. If your attorney has withdrawn from your case and you no longer wish to hire a new attorney, you have the option to represent yourself in your personal injury/NIED/discrimination/emotional distress claim.

However, it's important to...
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1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: Can I pay a attorney to write a letter of demand for me on my behalf?

Can I pay an attorney to write a letter of demand for a settlement on my behalf, without him being my attorney? I wish to represent myself, but I need it professionally written.

James L. Arrasmith
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answered on Mar 19, 2023

Yes, you can hire an attorney to write a letter of demand for you on your behalf, even if you do not intend to retain them as your ongoing legal counsel. This is commonly referred to as "limited scope representation" or "unbundled legal services."

Under limited scope...
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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for California on
Q: What is the difference between propensity evidence and habit evidence?
James L. Arrasmith
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answered on Mar 18, 2023

In California, propensity evidence and habit evidence are both types of evidence that can be used in a legal case, but they are distinct concepts with different legal implications.

Propensity evidence refers to evidence of a person's character or disposition that suggests that they are...
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1 Answer | Asked in Civil Rights, Constitutional Law, Medical Malpractice and Personal Injury for California on
Q: What area of Law would I want to sue under if I was in police custody with ulcers on both feet and the ER never cleaned.

I was required to obtain medical clearance and was then transported to the ER with open ulcers on both feet. However, the doctor seemed to downplay my injuries and stated it was merely athletes foot, seemingly in an effort to quickly discharge me. My wounds were not cleaned or bandaged, and I had... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

It sounds like you may have a potential claim for medical malpractice or negligence. Medical malpractice occurs when a healthcare provider's conduct falls below the standard of care expected of a reasonably prudent healthcare provider in similar circumstances and results in harm to the... Read more »

1 Answer | Asked in Civil Rights and Municipal Law for California on
Q: Can the City building department permanently close the church parking lot if cannot comply with ADA parking lot?

They permanently close down our parking lot if we don’t comply with accessibility and striping requirements and failure to comply will result in code enforcement actions.

We pursue the concrete project as a patio because it would be easier to get a permit. The SSF Planner requested the... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

If the church parking lot does not comply with ADA accessibility requirements and striping requirements, the city building department may take code enforcement actions against the property, including the possibility of closing the parking lot permanently.

The Americans with Disabilities Act...
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4 Answers | Asked in Personal Injury, Civil Litigation and Civil Rights for California on
Q: What should I do? Please help

August 24 I was in a personal injury/discrimination type of situation, I contacted an attorney, he took the case. Then he emailed me yesterday and said he does not wish to represent me anymore????

I feel he was kind of upset because I brought it to his attention about him not keeping me... Read more »

James L. Arrasmith
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answered on Mar 15, 2023

I'm sorry to hear about your experience with your attorney. Here are some steps you can take:

Find a new attorney: You should start by finding a new attorney who is willing to take your case. You can ask friends, family, or colleagues for referrals or search online for attorneys in...
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1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for California on
Q: Do I need a Civil Rights Lawyer or a Real Estate Lawyer if I was evicted from City property with no Notice?

Both sides agree that notice was not given, locks were changed and property was disposed of. City says "licensees" have no rights. At all, but provides no legal theory. Does due process violation take precedent over wrongful eviction & conversion? Or do they all need to be argued?

James L. Arrasmith
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answered on Mar 14, 2023

If you were evicted from city property without notice and your property was disposed of, you may want to consult with both a civil rights lawyer and a real estate lawyer, as both areas of law may be relevant to your case.

A civil rights lawyer can advise you on any potential violations of...
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