Lawyers, Answer Questions  & Get Points Log In
California Constitutional Law Questions & Answers
1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can officers detain you on a traffic stop and drive your vehicle back to your residence for you to serve a warrant
James Richard Askew
James Richard Askew answered on Sep 16, 2021

Obviously, it depends on the circumstances. Did you provide consent? Was the vehicle moved only a short distance?

An officer should not want to drive your vehicle unless it presents a danger to others i.e. to protect others, prevent imminent harm, etc. If your car is parked in an...
Read more »

1 Answer | Asked in Constitutional Law and Intellectual Property for California on
Q: today the company came and told us that we needed to take out all our things from storage room that they are going to

Board them up we have been living hear for 11yrs and we've had it since then

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Unless occupancy of the storage room is a part of your lease, you need to remove your property before it is disposed of by the owners. If you have a right to the storage area by your lease, then you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Does the California Supreme Court hear all cases ? How to appeal to them?

If I lost in appellette Supreme Court how do I appeal to the CA Supreme Court? Is there any help if I have no money for an attorney ?

It involves the catholic church and my first amendment right. I was prosecuted by the City Attorney and catholic church. A jury found me not guilty. But... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 7, 2021

The California Supreme Court does not hear all cases which are brought to it. The Court decides which cases it will hear, usually based on some criteria which involves state wide policy on issues of compelling importance. Consequently, the odds the state supreme court will accept your case are... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: 422(A) PC UNLAWFUL THREATS WHICH WOULD RESULT IN DEATH OR GREAT BODILY INJURY SURETY $30,000.00

no evidence. was set up robbed of my belongings and imprison.

Dale S. Gribow
Dale S. Gribow answered on Aug 28, 2021

no lawyer can evaluate without a lot more info.

if you are in custody, you will be arraigned shortly and a public defender will be appointed for you if you can't afford a lawyer.

be prepared to share all the facts with someone that will also have a police report.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Does being in a county jail, fighting a criminal charge, over ride being a civil commitment and stop annual evaluations?

A civil commitment requires mandated annual reports to be done by the DMH, does being in a county facility while fighting seperate criminal charges negate/postpone or stop these procedures?

Louis George Fazzi
Louis George Fazzi answered on Aug 17, 2021

I doubt seriously that being incarcerated relieves you of your other obligations to continue to report on your civil commitment. It obviously makes it more difficult to do the reporting from county jail, but no doubt you will have to report your current situation on your annual report.

View More Answers

2 Answers | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Real Estate Law for California on
Q: Does Civil Code Section 1708.7, Right to terminate lease due to Domestic violence, apply to commercial leases as well?

A tenant claiming civil code 1708.7 sent a notification requesting to terminate the current lease due to domestic violence. However, this is a commercial lease and not a residential one. And the tenant still has an unpaid balance pending. Is the tenant able to break the lease and not have to pay... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Aug 16, 2021

You would want an attorney to review your commercial lease documents and the letter the tenant sent you. I would suggest to start with searching for a real estate lawyer who specializes in forming and reviewing commercial lease agreements. I hope this helps.

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for California on
Q: The City is destroying my business, do I have a case to sue them?

I want to sue the City of Los Angeles for having businesses require people to have the Vaccine. I will not get the vaccine due to religious & ethical beliefs as I am a Vegan. The vaccinated are spreading the virus through carelessness & unhygienic actions & now I am being punished for... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 12, 2021

I believe it will be impossible for you to find an attorney to work on this case on a contingency fee basis. Not only is the chance of success so low that it would be a terrible business decision to work on the case on a contingency, but there is likely not enough money involved to interest a... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can you be arrested in airport for transport of marijuana without the police showing you any evidence of marijuana?

Police arrested me and stated that they got marijuana out of my checked back in Sacramento. I never gave a statement. They never show me they had marijuana from my bag. They didn't show me anything.

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

This is the legal forum for California residents. You need to post your question for lawyers in your state, or in the state where the events took place.

1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for California on
Q: I'm being harassed nmy privacy is invaded by drones, can I sue the drone operators or the department their employed by?

Duration of harassment is almost 1 yr. Drones are tracking my movements inside my home n following me as I drive. I believe it's law enforcement related n I know the location of their llaunch site but they won't allow me to confront them without threatening behavior from personal

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2021

anyone can sue anyone for anything at any time.

the question is will you win.

i don't handle drone cases............however, if there is a case and you can't find a lawyer, you can always consider small claims court.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Can a homicide detective at the prosecutor's table use different color pens to signal a testifying witness during trial?

This witness was also routinely taken to RJD to visit her husband. After each visit the detectives interviewed her and she had fresh first hand information. In fact, the DA was allowing her husband to testify through his wife. They knew where the information originated, but allowed her to testify... Read more »

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

Why don't you just share that with the criminal defense lawyer?

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Can a Da.proscutore that was against you be your judge later down the road what are the stimulation of my rights for tha
Dale S. Gribow
Dale S. Gribow answered on Jun 30, 2021

ask that of your lawyer who has all the facts.

i suspect if it is mentioned to the judge s/he will recuse themselves.....otherwise your lawyer makes a motion

Q: What does section one of the california constitution do? And does it have any legal binding

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 15, 2021

The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: El Dorado County seized my firearm and never contacted me about it and I am a legal gun owner what can I do

My firearm was confiscated in June of 2020 and I was not contacted about it and still have not been contacted it was found on my friends property I was selling it to his wife for protection against the Bears and Wildlife El Dorado County Sheriff's Department performed a illegal search and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

more info needed.

you need to make an appointment with a local criminal lawyer asap....I am in Palm Springs area

why have you waited a year?

there is a term in law......Laches.......which means if you sit on your rights you can lose them.

I would prepare a detailed...
Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I was stopped for a infraction concerning riding a bicycle the wrong way on a sidewalk. Subsequently they patted me down

The reason given was because I was in a area know for drug activities and they wanted to make sure they were safe and free from any weapons I may be carrying. I was next to a motel 6 where I had a room at the time.

I am not on probation or parole and I have my 4th amendment rights. I was... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 8, 2021

Although this appears to be a close issue, the short answer is that they probably had the right to search you. The reason is that pat down searches are generally legal when police stop or detain a suspect for there own safety. Here, it appears they had the right to detain you based on the observed... Read more »

View More Answers

Q: Looking for proper care before I get vaccinated. Ca Governor acting in pure discrimination.

Politicians are not Drs. Not only that my job instability crippled my ability to hold down a proper dr. So far the medi-cal provided ones have not shown any investment with concerns on infertility and potential blood clots. How is his push to reward those that are vaccinated not a form of PURE... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2021

I am sorry but this does not appear to be a question but more of a rant.

I understand your concerns but vaccination has been held to be a lawful way for the government to attempt to control certain deadly medical conditions throughout the last decade. Exceptions exist for those with...
Read more »

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for California on
Q: I was denied medical attention by an police officer while on my way to jail. That ended with me being hospitalized.

Female officer insisted i get medical attention and refused to book me. I was taken to the hospital by the male officer. My ending result was I had a concusion from blunt force trauma to my head and bleeding inside. On call physician then told me a helicopter was going to fly me out to another... Read more »

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

sorry, I need more info to understand this question.

what are the facts of your arrest?

was there an allegation you resisted and or fought back?

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.

View More Answers

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 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.