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California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for California on
Q: I haven't seen my last question answered yet the disability question regarding service dogs in California

I need to know what specific laws for California and Federal regarding me having to show proof of my service dog and any other kind of forms papers shot records in my required to show them..

Also if they did not require me to get shot records of my dogs as pets when I first moved in... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, as well as under Federal law, individuals with disabilities are entitled to be accompanied by service animals. Business owners must make reasonable accommodations for that.

Regarding vaccination records, while the ADA does not specifically require service animals to have...
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1 Answer | Asked in Civil Rights for California on
Q: A policy to auto decline cases older than 2 years without investigating if tolling applies is disability discrimination?

If I, like many others, have a case that requires using a tolling provision for mental incapacity, but cant obtain a lawyer due to their automatic rejection of cases appearing to be past the SOL, wouldn't that be considered unlawful discrimination? Even if it is not specific to that tolling... View More

James L. Arrasmith
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answered on Feb 21, 2024

Attorneys have a right to decline cases. This right is very strong and very well recognized under. That said, you raise a valid point. A blanket policy by law firms automatically rejecting cases over 2 years old without properly investigating tolling provisions, including those related to mental... View More

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for California on
Q: If somebody called 911 and lied about me and the situation happening, what can I do?

My friend lives with two other people, my friend allowed to me to go over to her house since I don't live in town anymore to get ready for a date because the date was in town and I go to school there so I was going to be in town since early in the day. My friend said that I could get the key... View More

James L. Arrasmith
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answered on Feb 21, 2024

If someone falsely accuses you and calls 911, alleging that you committed harassment or other offenses, it's essential to gather evidence to support your innocence. In your situation, it appears you already took a proactive step by calling your sister to listen to the interaction, which could... View More

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for California on
Q: Aunt put up a camera after an argument while living temporarily with her

I recently moved in with my aunt (that is renting a house) meanwhile I found an apartment. We recently got into an argument for something that should’ve been resolved rather quickly but she made it into a huge mess. I have only been here a month and a half and have not saved enough money for an... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, the issue of privacy, especially within a home, is taken very seriously. The use of surveillance equipment, such as cameras, in areas where there is a reasonable expectation of privacy without the consent of those being recorded can indeed raise legal concerns. If the camera is... View More

1 Answer | Asked in Copyright, Civil Rights and Intellectual Property for California on
Q: I've built a number of custom homes for two builders. Can I post pictures of them and describe them on my new web page?

Concerned about copyright infringement or privacy issues withhomeowner?

James L. Arrasmith
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answered on Feb 21, 2024

You would likely be fine here. I will say that, before posting pictures and descriptions of custom homes on your new website, it's important to consider potential legal issues such as copyright infringement and privacy concerns. You likely own the copyright if you, yourself, took the... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for California on
Q: If I rented a condo w/ a washer & dryer and am disabled, do the owners have to replace when it is completely broken?

I have already sent the property management company and owners a request for reasonable accommodations letter to replace the dryer & fix a door jamb that has caused me to get locked into the the condo several times. They ignored my letter and immediately retaliated by sending me a demand for an... View More

James L. Arrasmith
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answered on Feb 21, 2024

Based on the additional details provided, you have a strong case that the landlords have a legal obligation to replace the broken dryer as a reasonable accommodation under fair housing laws, given your disability. Several key points:

• Landlords have a duty to make reasonable...
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4 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: what can i do if fed ex keep parking in the disabled spot to unload and i have multiple pictures of proof on multiple oc

i have multiple pictures of proof on multiple occasions and keep getting more .. multiple locations at that .i am disabled and do use that spot

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, parking in a designated disabled spot without proper authorization is a violation of state law and subject to penalties. You can take several steps to address this issue, starting with documenting each instance of FedEx parking in the disabled spot with photographs and... View More

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4 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for California on
Q: what can i do if fed ex keep parking in the disabled spot to unload and i have multiple pictures of proof on multiple oc

i have multiple pictures of proof on multiple occasions and keep getting more .. multiple locations at that .i am disabled and do use that spot

Paula Wasserman Drake
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answered on Feb 21, 2024

I certainly understand your frustration. It is good you have your documentation. Contact the company with the dates, times, photos, etc. Also, if they are parking in front of a particular business, let them know when it is happening… they don’t want to lose you as a customer and they may help... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Elder Law for California on
Q: Can a restraining orders be valid for the second time if you've already overturned the first ones?

Elderly abuse RO civil code.

James L. Arrasmith
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answered on Feb 21, 2024

In California, it is possible for a restraining order to be issued against someone for a second time, even if a previous order was overturned or expired. The key factor is the presence of new evidence or incidents that justify the issuance of a new restraining order. If circumstances have changed... View More

1 Answer | Asked in Car Accidents, Civil Rights and Constitutional Law for California on
Q: What is the lower limit of detention and the upper limit?

What is the lower limit of detention (when a normal dialog with a police officer begins to be classified as detention) and the upper limit (when detention begins to be classified as arrest)? Please with specific examples and key distinguishing features.

Is a traffic stop or on-the-spot... View More

James L. Arrasmith
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answered on Feb 21, 2024

A detention occurs when a police officer stops an individual and restricts their freedom to leave, based on a reasonable suspicion that the person is involved in criminal activity. This is more than a casual conversation but less than an arrest, which requires probable cause. The lower limit of... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can I voluntarily consent to an FBI wiretap without a court order?

In California, can a person voluntarily consent to the FBI using a wiretap of their conversations without a court order? Or can such a person use a tape recorder in their conversations without notifying their interlocutors so that they can then turn over a recording of the conversation to the FBI... View More

James L. Arrasmith
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answered on Feb 21, 2024

California is a "two-party consent" state, which means that all parties involved in a private conversation must consent to the recording of the conversation. This law is outlined in the California Penal Code Section 632, part of the California Invasion of Privacy Act. Without the consent... View More

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for California on
Q: Is there anything i can do about someone spreading false information about me?

My son is being falsely accused of a crime which we are fighting for his freedom. My sister who is the mother of the alleged 'victim', has-before, during, & after been spreading false information about my husband & i trying to ruin our reputation. She is also accusing us of doing... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, spreading false information about someone that damages their reputation can be addressed under defamation law, which includes both libel (written statements) and slander (spoken statements). If your sister is making false statements about you and your husband that are causing harm to... View More

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1 Answer | Asked in Civil Rights for California on
Q: does my husband have a cruel and unusual punishment case against the state as well as the county

he is a diabetic and was arrested for an out of state warrant for Texas the BLM ranger arrested him even after i told him that he had infections on both his left toe and right leg the ranger told me he wasn't worried about it. at the point he made it to Bakersfield the officers took him to the... View More

James L. Arrasmith
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answered on Feb 20, 2024

Under California law, individuals in custody have the right to receive adequate medical care. The situation you describe, where necessary medical treatment for serious conditions is delayed or denied, could potentially give rise to claims under both state and federal law, including claims for cruel... View More

3 Answers | Asked in Medical Malpractice, Personal Injury and Civil Rights for California on
Q: What to do when Medical device causes a continuing & progressive injury which become obvious after statute of limitation

Electrical Injury is associated with "delayed electrical injury," and neurodegenerative diseases. Delayed electrical injury can take between 2-10+ years to manifest. A 20 year analysis of Medicare data determined that people with a history of 10 Electroconvulsive therapy (ECT) treatments... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, the discovery rule may provide a pathway for individuals who suffer injuries from a medical device that become apparent only after the statute of limitations has technically expired. This rule allows the statute of limitations to start from the time the injury was discovered, or... View More

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2 Answers | Asked in Civil Rights and Education Law for California on
Q: Does the school district really have to accept the child's unique needs?

Does the school district really have to accept the child's unique needs? Unique needs as wanting a specific preferred mental health provider.

James L. Arrasmith
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answered on Feb 21, 2024

Yes, public school districts in California are required to provide accommodations and services to meet the unique needs of students with disabilities under state and federal law. However, the specifics depend on the details of the student's situation:

- Under the federal Individuals...
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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More

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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

Addendum - I'm sorry - in my response a minute ago, I meant "a California employment attorney should answer.... " I left out the word "attorney." Good luck

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2 Answers | Asked in Landlord - Tenant, Small Claims and Civil Rights for California on
Q: Neighbor taking photos of the inside of my car through the window. Caught on surveillance.

Is it permissible for my neighbor to take photographs of my car and even snap pictures of the interior through the window? I have observed her doing this via my surveillance camera. We both reside in an apartment complex with assigned parking spaces, and I park right beside her.

T. Augustus Claus
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answered on Feb 13, 2024

In California, taking photographs of the inside of your car through the window, especially without your consent, may be considered an invasion of privacy. While there are situations where photography in public spaces is generally allowed, the interior of a vehicle in a private parking area could... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: Claim requires tolling provisions, fraud con. + mental disability. Denied rep. due to sol. Isnt that disab discr?

Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More

William John Light
William John Light
answered on Feb 13, 2024

Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More

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2 Answers | Asked in Education Law and Civil Rights for California on
Q: What are some special education rights for students regarding specific preferred Individuals.

What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 10, 2024

Special education students have tons of rights, and in fact most parents have no idea how powerful their rights are.

They can get free mental health, educational, behavioral, speech, and other services through their local school district if they qualify. Most schools slack, and parents are...
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