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California Civil Rights Questions & 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

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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
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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...
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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
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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
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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....
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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
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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...
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1 Answer | Asked in Civil Rights for California on
Q: School giving out student information to a police withiit any parents or student concebt

As a witness of hearing a student carrying a gun

James L. Arrasmith
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answered on May 14, 2024

Under California law, schools are permitted to disclose student information to law enforcement in certain circumstances, even without parental or student consent. This is an exception to the general rule of maintaining student privacy under the Family Educational Rights and Privacy Act (FERPA).... View More

1 Answer | Asked in Civil Litigation and Civil Rights for California on
Q: How should we proceed given that the defendant has altered the interrogatory and its corresponding response?

My initial interrogatory inquired, 'Did you hold the knife?' However, the defendant modified it to 'Did you hurt her?' and provided a response. How should we proceed?

James L. Arrasmith
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answered on May 14, 2024

In this situation, the defendant has improperly altered the interrogatory and provided a response to the modified question. Under California law, you have a few options to address this issue:

1. Meet and Confer: Pursuant to California Code of Civil Procedure (CCP) Section 2030.300(b), you...
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2 Answers | Asked in Civil Litigation and Civil Rights for California on
Q: How should one handle the defendant's responses to interrogatories, all of which are 'I do not recall'

I sent 20 interrogatories to the defendant, but all responses are 'I do not recall.' How should I proceed? For instance, one interrogatory asked if she admitted to the police that she was holding a knife. There is a recording where the defendant did admit to holding a knife to the police,... View More

James L. Arrasmith
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answered on May 13, 2024

When a defendant responds to interrogatories with "I do not recall" for all questions, you can challenge the adequacy of those responses under California law. Start by reviewing the specific interrogatory rules, particularly the obligation to provide complete and straightforward answers.... View More

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1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for California on
Q: Who do I file my complaint with if I am suing HUD housing for illegally charging me for solar and no meter at my unit

The residents here were forced to accept this allocation of electricity when there is no benefit to the tenant . The landlord is charging the tenant more for solar than their actual electric bill

James L. Arrasmith
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answered on May 13, 2024

If you believe that your HUD housing is illegally charging for solar energy without proper metering at your unit, you can address this issue by filing a complaint with several entities. Firstly, you might consider contacting the U.S. Department of Housing and Urban Development (HUD) directly, as... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: I have been renting a room for a month and I feel like my well-being is in jeopardy can I leave without giving notice?

There is no rental agreement whatsoever. Nothing has ever been written up or anything of that nature.

James L. Arrasmith
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answered on May 12, 2024

In California, if you are renting a room without a written lease agreement, you are considered a "month-to-month" tenant. Typically, a month-to-month tenant is required to provide a 30-day written notice to the landlord before moving out.

However, if you feel that your safety or...
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1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: Could you please let me know what kind of cogent evidences to file a harassment from a next door due to my ethnicity?
James L. Arrasmith
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answered on May 11, 2024

In California, harassment based on ethnicity is prohibited under the Fair Employment and Housing Act (FEHA) and the Ralph Civil Rights Act (Civil Code section 51.7). To file a harassment complaint against your neighbor, you should gather the following types of evidence:

1. Documentation of...
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2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for California on
Q: How do I sue to force an action?

I'm a member in good standing in a non CID HOA. The HOA is ignoring my request for information and documentation I'm entitled to. How can I sue to force action?

James L. Arrasmith
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answered on May 10, 2024

In California, if you are a member of a homeowners' association (HOA) and the HOA is not providing the information and documentation you are legally entitled to, you can file a lawsuit to compel the HOA to fulfill its obligations. Here are the steps to consider:

1. Send a formal...
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2 Answers | Asked in Contracts, Real Estate Law and Civil Rights for California on
Q: How do I sue to force an action?

I'm a member in good standing in a non CID HOA. The HOA is ignoring my request for information and documentation I'm entitled to. How can I sue to force action?

Delaram Keshvarian
Delaram Keshvarian
answered on May 11, 2024

Thank you for your question!

1. Only some authorized members of the association are allowed to demand to inspect or receive a copy of the membership list, books, records, or minutes.

When the authorized member makes a demand to inspect or receive a copy of the community...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Police raid my business causing major damage, cutting my cameras, taking $ from register ... Never arrested or charged

with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.

Can I recoup ANY of my damages or money and property they stole?

Louis George Fazzi
Louis George Fazzi
answered on May 9, 2024

I suggest you contact the lawyer of your own choosing, and without any delay. If I were you, I would focus on finding a criminal defense lawyer or a civil rights lawyer with experience handling unlawful search and seizure cases. Time is exceedingly important in cases of this nature, and you should... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Police raid my business causing major damage, cutting my cameras, taking $ from register ... Never arrested or charged

with anything. They left my store wide open. They gave 2 pages of a 33 page search warrant and gave no receipt for anything taken.

Can I recoup ANY of my damages or money and property they stole?

James L. Arrasmith
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answered on May 9, 2024

Under California law, you may have legal recourse to seek compensation for damages and losses resulting from an unlawful police raid. Here are a few potential options:

1. File a claim with the city or county: Submit a formal claim with the responsible government entity, detailing the...
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2 Answers | Asked in Civil Rights for California on
Q: Defendant posted jury fee for jury trial. As plaintiff, do I need to post separately?

Defendant has requested a jury trial and has posted the jury fee. As the plaintiff, I also seek a jury trial. May I inquire whether I need to post the jury fee separately?

James L. Arrasmith
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answered on May 9, 2024

In California, if one party (in this case, the defendant) has already posted the required jury fees and requested a jury trial, the other party (you, as the plaintiff) does not need to post jury fees separately to secure a jury trial.

According to California Code of Civil Procedure Section...
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2 Answers | Asked in Civil Rights for California on
Q: Defendant posted jury fee for jury trial. As plaintiff, do I need to post separately?

Defendant has requested a jury trial and has posted the jury fee. As the plaintiff, I also seek a jury trial. May I inquire whether I need to post the jury fee separately?

Louis George Fazzi
Louis George Fazzi
answered on May 9, 2024

The previous lawyer's response is erroneous. He should have clarified whether he is admitted to practice in Washington, D.C., where you are apparently located. His answer based on California law may be inapplicable to your situation, and could even lead you to make decisions which are not... View More

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2 Answers | Asked in Civil Rights for California on
Q: Defendant claims my statement caused distress. Asked for clarification, she refused.Subpoenaed her psychiatrist, evading

The defendant alleges my false statement caused her mental distress diagnosed by a psychiatrist. When I asked for clarification on the false statement, she refused to respond. I then subpoenaed her psychiatrist, who is evading the subpoena. how to proceed?

James L. Arrasmith
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answered on May 8, 2024

I understand this is a challenging situation. Here are a few thoughts on potential next steps:

1. File a motion to compel: You can file a motion with the court to compel the psychiatrist to comply with the subpoena and provide the requested information. The court may then order the...
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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is there a way to require/request the opposing party in civil litigation to prove their identity? California

I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.

James L. Arrasmith
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answered on May 8, 2024

In California, there are a few ways to challenge or require proof of the opposing party's identity in civil litigation:

1. Demurrer: If the plaintiff's identity is not clear from the complaint, the defendant can file a demurrer arguing that the complaint is uncertain or ambiguous....
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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is there a way to require/request the opposing party in civil litigation to prove their identity? California

I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.

Delaram Keshvarian
Delaram Keshvarian
answered on May 25, 2024

Thank you for your question!

In pleadings (initial responsive documents) or discovery, you can ask for the identity of the past.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you...
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