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California Communications Law Questions & Answers
1 Answer | Asked in Libel & Slander, Civil Rights, Communications Law and Constitutional Law for California on
Q: I want to sue a cps worker for harassment and abue of power
James L. Arrasmith
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answered on Jul 24, 2024

Suing a CPS worker for harassment and abuse of power can be a challenging process, but it is possible under certain circumstances. First, gather all evidence of the alleged harassment and abuse of power. This includes any documents, emails, recorded conversations, or witness statements that support... View More

Q: My wife submitted a Fraudulent Marriage Certificate, Fake Degrees and misrepresented at the embassy before immigrating.

Since i had found out about her marriage certificate was not the same i signed and had conditions I never was aware of . She was being coached by her sister who is an Advocate in Pakistan they I guess figured out how my wife can have a legal status which was by proving she is a victim of domestic... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are dealing with a very complex and challenging situation. If your wife submitted fraudulent documents, including a marriage certificate and fake degrees, and misrepresented facts at the embassy, this is serious and can have significant legal implications. You may want to gather... View More

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
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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...
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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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3 Answers | Asked in Communications Law and Education Law for California on
Q: Can a student be autistic and still seem to communicate and have friends?
James L. Arrasmith
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answered on Apr 7, 2024

Yes, under California law, as well as under broader educational and medical understanding, students with autism can absolutely engage in effective communication and form meaningful friendships. Autism Spectrum Disorder (ASD) encompasses a wide range of conditions characterized by challenges with... View More

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1 Answer | Asked in Divorce, Family Law, Civil Rights and Communications Law for California on
Q: What if my spouse read my txt msg to my mother on my phone without my consent, can i use it again her in our divorce?

While i was away on travel, my wife hack into my phone to read my message with my mother, she had know me well enough to know my password, but i did not give her permission to read my messages.

I suspect someone had move my phone so i change password, and monthes goes by my wife and i had... View More

James L. Arrasmith
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answered on Mar 4, 2024

In California, the privacy of communications is taken seriously, and unauthorized access to someone's electronic communications can raise legal issues. If your spouse accessed your phone and read your messages without your consent, this could potentially be considered a violation of privacy.... View More

1 Answer | Asked in Civil Rights, Employment Law, Communications Law and Internet Law for California on
Q: Can my coworkers refuse to communicate with me and refuse to respond back to my important emails?Without a reason why
James L. Arrasmith
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answered on Feb 24, 2024

In the workplace, effective communication is crucial for the completion of tasks and overall productivity. While there is no specific law in California that mandates coworkers must respond to every email, ignoring important communications, especially those necessary for job functions, can be... View More

1 Answer | Asked in Civil Litigation and Communications Law for California on
Q: what are the steps of filing lawsuit for gaslighting?

what steps do i need to take to file a lawsuit? is it possible to obtain phone messages, conversations, by the judge, if the other party does not give consent? what if the only proof is whats on the phone?

James L. Arrasmith
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answered on Feb 21, 2024

Gaslighting is not recognized as a specific cause of action in California law. However, behaviors associated with gaslighting, such as emotional abuse or manipulation, may constitute grounds for legal action under existing causes of action, such as intentional infliction of emotional distress or... View More

1 Answer | Asked in Criminal Law and Communications Law for California on
Q: If I tell my mom not to open a specific type of mail and she does it anyway is it illegal
James L. Arrasmith
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answered on Jan 26, 2024

Under United States federal law, it is generally illegal for someone to open mail that is not addressed to them without permission. This is outlined in the Federal Mail Tampering Laws. If you specifically instructed your mom not to open certain types of your mail and she does so anyway, it can be... View More

2 Answers | Asked in Civil Rights, Communications Law and Constitutional Law for California on
Q: I'm homeless and my car I live in was towed

My registration is expired at less then 6 months, all the cars around me that other people live in are expired by years and not towed. I was parked.

T. Augustus Claus
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answered on Jan 10, 2024

If your car, which you use as a residence, has been towed and you are experiencing homelessness, it's crucial to understand that the towing and impounding of vehicles are typically carried out by local authorities based on various factors, including registration status and local regulations.... View More

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2 Answers | Asked in Civil Rights, Communications Law and Constitutional Law for California on
Q: I'm homeless and my car I live in was towed

My registration is expired at less then 6 months, all the cars around me that other people live in are expired by years and not towed. I was parked.

James L. Arrasmith
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answered on Jan 10, 2024

I'm sorry to hear about your situation. It's important to understand that, even if your vehicle's registration is expired, there are legal protections in place. First, check the local towing laws and ordinances in your area, as they can vary and might provide specific guidance on... View More

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1 Answer | Asked in Criminal Law and Communications Law for California on
Q: Does follow up with law enforcement after an emergency disclosure request

I mean does Yahoo follow up with law enforcement to be able to know that the emergency has passed so that they could notify the affected user. Sorry I missed Yahoo in the question

James L. Arrasmith
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answered on Nov 30, 2023

Under California law, companies like Yahoo are obliged to comply with lawful requests for information from law enforcement, including emergency disclosure requests. These requests typically occur under exigent circumstances where there is an immediate threat of serious harm or danger.... View More

1 Answer | Asked in Business Law, Consumer Law, Civil Rights and Communications Law for California on
Q: Can a business in California record phone calls without the caller knowing.

I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all... View More

1 Answer | Asked in Contracts, Employment Law, Communications Law and Employment Discrimination for California on
Q: Clarification on H1B Sponsorship Agreement

I am requesting an assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:

I applied for a position in a California government. Before the application, they explicitly... View More

James L. Arrasmith
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answered on Nov 15, 2024

Your situation highlights a serious concern regarding employment promises and contractual obligations in California. The initial email promising H1B sponsorship, combined with your reliance on that promise in accepting the position, could potentially form the basis of a promissory estoppel claim,... View More

1 Answer | Asked in Contracts, Employment Law and Communications Law for California on
Q: Clarification on H1B Sponsorship Agreement

I am reaching out to request your assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:

I applied for a government position in California, and before the interview... View More

James L. Arrasmith
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answered on Nov 15, 2024

Based on the details provided, you may have a valid claim for "promissory estoppel" or breach of contract, particularly since you relied on their explicit promise of H1B sponsorship when accepting the position. Their written communication about visa sponsorship, combined with your... View More

3 Answers | Asked in Collections, Communications Law and Legal Malpractice for California on
Q: I was told I would get my car back as soon as an investigation was finished but they sent it to a tow yard instead!

My car had been involved in a car accident and I was told the police needed to keep my car for investigation purposes but said I would get it back as soon as possible and that they are responsible for the fees. Well a couple months pass and I call them because I havent heard anything. I was told... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 30, 2024

You may have a case against them. Consult with experienced debt collection defense attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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1 Answer | Asked in Business Law, Civil Litigation, Intellectual Property and Communications Law for California on
Q: uncle maliciously threw out my computers, my lifes hard work was in them. Can I sue for damages and get help w retrieval

He was suppose to hold my things which were in the garage , while i looked for a storage unit and dealt with some business and things. I was assured nothing from the garage was being thrown out. When i went to pack up stuff my computers were gone , sent to the recycling center 7 weeks ago. All my... View More

James L. Arrasmith
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answered on Sep 10, 2024

You have grounds to take legal action against your uncle for the loss of your computers and the valuable work they contained. Since he was entrusted to hold your belongings and had agreed not to throw them away, his actions could be considered a breach of a verbal agreement and potentially even... View More

Q: Can we legally challenge our landlord's short-notice garage conversion, and how can we negotiate to delay the project?

We rent an apartment with an attached garage at Alborada Apartments. The property manager gave us short notice (<6 days) that they're converting our garage into an ADU in a few days. We question the legality and appropriateness of this notice, as we never received prior communication. The... View More

James L. Arrasmith
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answered on Aug 17, 2024

You have valid concerns about the short notice your landlord provided for the garage conversion. Under California law, landlords must give tenants "reasonable notice" for major changes like this, especially if it affects your use of the property. Six days' notice may not meet the... View More

1 Answer | Asked in Communications Law and Constitutional Law for California on
Q: Is it illegal for dispatch to block a person from calling 911 in an emergency situation

Everytime Ive tried to call 911 in an emergency situation my call will not go through no matter what...

James L. Arrasmith
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answered on Aug 7, 2024

Under California law, it is illegal for anyone, including dispatch centers, to intentionally block or interfere with a person's attempt to call 911 in an emergency situation. Your ability to contact emergency services is protected by law, and any interference with that right is a serious... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for California on
Q: I have been cited for trespassing refered to restorative justice then mailed a court date communication error
James L. Arrasmith
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answered on Aug 4, 2024

Under California law, if you have been cited for trespassing and referred to restorative justice but then received a court date due to a communication error, it is important to address this situation promptly. Start by contacting the court to explain the communication error and provide any... View More

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