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California Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Is there any attorney that fights against DCFS and has won for civil rights violation.

DCFS violated my families rights we have the proof. DCFS is about to give our children back because they know they removed our children with a fabricated warrant abd lies.

Louis George Fazzi
Louis George Fazzi answered on Aug 11, 2020

Yes, there are attorneys who have brought such actions successfully. One lawyer brought a case on his own behalf, which he won on appeal. He was in San Diego County. Search Google with the search terms DCFS attorney civil rights and you will find the right lawyers for you.

3 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: If you are involved in what is deemed a mutual combat and you stopped any aggression and walked away and the guy attacks

From behind and breaks my leg and goes off on my head with his feet knees and blows to my face and has to be pulled off then leaves the scene is that a crime and what PC did he violate. I had surgery on broken leg and suffered lacerations needing stiches and a broken eye socket. On an eye I was... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Aug 5, 2020

you should have hopefully reported it to the police... and if he assets.. sit down with a personal injury lawyer to see if a lawsuit makes sense.

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3 Answers | Asked in Civil Rights, Constitutional Law and Consumer Law for California on
Q: Can I sue a grocery store for harassment and discrimination for not wearing a mask?

I, and a friend, were harassed and discriminated against by two employees for not wearing a mask while shopping at a local grocery store. I can't afford to hire an attorney, so I'll have to go pro per. Are there any cases for a similar lawsuit? Thanks.

Maurice Mandel II
Maurice Mandel II answered on Jul 30, 2020

The law, in the form of Executive Orders by the California Governor, makes it UNLAWFUL for you to refuse to wear a mask when going in public or into grocery stores. So you want to sue the store because they did not want you to break the law in the store.

Well, Sorry to tell you, they...
Read more »

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2 Answers | Asked in Business Law, Civil Rights and Constitutional Law for California on
Q: Can a customer with a disability enter a store in Orange County CA without a mask?

The store has a face requirement sign outside, provides curbside pick up at no extra cost and delivery via instacart, and allows scarfs/face shields or thin cloth like scarfs.

Also, would not allowing entry (however still offering service through curbside pickup or delivery) be considered... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 25, 2020

The store can require you to wear a mask if you want to shop inside the store. It is a state requirement that everyone must wear a mask if you want to go inside any store which remains open for business in California. Last I checked, Orange County was still part of California. The governor has... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I have a warrent for graffiti misdemeanor charge im wondering what is the max time i can be held
Dale S. Gribow
Dale S. Gribow answered on Jul 10, 2020

more info needed.

with corona virus so prevalent, they might not hold you at all.

your prior record would be considered as would the seriousness of the graffitti.

1 Answer | Asked in Civil Rights, Constitutional Law and Trademark for California on
Q: Is registration required in CA. to start an org. with voluntary membership that doesn't accept any donations or dues?

I am referring to an activist organization. An organized group of like-minded individuals with a purpose. One with completely voluntary members. No membership fees, no donations accepted.

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

This is a business formation question, and you need to consult with a business formation or "transactional law" attorney to present your situation to him/her fully and discuss your options. There really is too little information here to respond. What kind of organization? Sub S corp?... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: How can I get my constitutional rights and human rights restored after being removed by overzealous retaliatory actions

I am unable to get unmonitored cellular,cable or DSL service. My electronic communications and photos are censored and even my web hosting and DNS service is "reprovisioned" and redirected. I'm refused paramedic treatment and treatment at my regional trauma center. (I was called a... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 26, 2020

You need to contact a good civil rights attorney immediately. If this has been happening for such a long period of time, you will have to explain why you have not taken this step long ago. It just may be that the statute of limitations, which sets out the time within you must act on your own... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Internet Law for California on
Q: Looking for any laws passed on September of 2002? Where do I search?
Louis George Fazzi
Louis George Fazzi answered on Jun 24, 2020

You can start your search on the State of California Legislative Information website here:

http://leginfo.legislature.ca.gov/faces/home.xhtml

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: What can you be charged with if you do not wear mask per the June 18/20 CDPH Guidance on "must wear face coverings"?

The California Department of Public Health issued a GUIDANCE on June 18/20 stating that "People in California must wear face coverings..."

- Is a GUIDANCE the same and an Order or a Law?

- Can police enforce this guidance?

- What can you be charged with if you do not choose to wear a mask?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

The new orders issued yesterday and today from the Office of the Governor now create a state-wide mandate for the use of masks in public places. This means if you are over 2 years old (because if you are under 2 you cannot read the Order) you have to wear a face mask, waiting in line to enter a... Read more »

1 Answer | Asked in Constitutional Law and Landlord - Tenant for California on
Q: Is it legal for a senior low income apartment complex to have cameras installed above our community bathing facilities

Also in the hallways and stairways and now a camera is being installed in our elevator and common areas and entrances and exits when I signed my lease I didn’t agree to be monitored 24 7. Is this legal or our privacy being invaded?

Maurice Mandel II
Maurice Mandel II answered on Jun 17, 2020

The answer that you don't want is that the law does impose duties on LLs to provide security in the common areas of this kind of complex. From your description, I would think that this complex is in the center of the bullseye for a number of nefarious types who are looking to harm seniors... Read more »

3 Answers | Asked in DUI / DWI and Constitutional Law for California on
Q: Can a officer open my car while I’m sleep to ask me a question when I’m parked in a parking spot

After I was told to park and go to sleep

Dale S. Gribow
Dale S. Gribow answered on Jun 14, 2020

more info needed.

who told you it was ok to park there?

was it the owner?

was it b/c you were under the influence?

cops can investigate but more info needed

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1 Answer | Asked in Criminal Law, Federal Crimes and Constitutional Law for California on
Q: How can and has the federal government been allowed to strip individuals of their 2nd amendment rights?

If those are Natural rights and not privileges, and the Constitution doesn't give the federal government the power to strip rights away, how have they been able to justify doing so, even with a felony conviction?

Dale S. Gribow
Dale S. Gribow answered on Jun 14, 2020

more info needed.

the state and federal government have created new laws either by legislature or case law.

what they have done is to limit possession in public and for felons... often at all times.

2 Answers | Asked in Estate Planning, Constitutional Law, Land Use & Zoning and Landlord - Tenant for California on
Q: recently sited for a few things on a property my problem because opandemic I wasn't Able to take care of it what can I
Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

If you have a citation that requires a court appearance, you need to contact the court about your situation either in person or in writing, include a copy of the citation. Failing to respond could subject you to additional penalties and be considered an FTA- failure to appear. If the citation is... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Federal Crimes for California on
Q: does the police or sheriff dept have the right to allow volunteers to investigate without a court order in my home

in riverside they are claiming listening devices and spiritual eyes from a certain church that they can see in my home and they have probable cause to watch,as well they are monitoring my bank and finances and they left drugs in my home i reported this to police by giving them the bag of meth...i... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 10, 2020

More information is needed in order to respond to your inquiry. Any lawyer would need the full context of what you are talking about. The few details you have provided are insufficient to permit me to offer any kind of reasonable advice. Prepare a full chronology of the events starting at the... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I legally protest without my parent’s consent? I am 17 years old in California.
Louis George Fazzi
Louis George Fazzi answered on May 30, 2020

You can legally protest, but if you intend to go anywhere to do so, be sure to advise your parents where you are going and with what you intend to get involved. It is always better to show a level of maturity, and in many, if not most, families, it can be helpful to discuss your feelings either... Read more »

1 Answer | Asked in Constitutional Law for California on
Q: Legallity of state law which contradicts another state law
Tim Akpinar
Tim Akpinar answered on May 25, 2020

There are choice of law provisions to deal with such situations. If you are talking about state laws from differing states, the situation you describe sometimes arises in federal cases based on diversity jurisdiction. Good luck

Tim Akpinar

2 Answers | Asked in Admiralty / Maritime, Civil Rights, Constitutional Law and Education Law for California on
Q: Is it illegal the shelter I live at just started requiring my personal belongings and persons be searched be4 allowed in

All of a sudden The shelter island that started requiring that all my belongings and my persons be searched by one of their security guards before entering the premises this is my legal residence address on my ID and I have to be searched before I come home that doesn't seem legal to me and... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 24, 2020

I don't think think so. You are a guest of the property owner, who can set whatever limits they want on those persons they allow to reside on their property. You say it is a shelter. So the owners apparently want to assure themselves that no guests can bring any kind of contraband onto their... Read more »

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1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can News paper censor comment I posted on the news website

I commented on a article that was related to Covid-19 there were hundreds of defamatory comments about An individual who had his grocery’s taken for not wearing a mask .my comment was simply this.

I wrote “ask-yourself how many people you come into contact with on a Daily basis.... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 23, 2020

Newspapers regularly decide which letters to publish. Your comments are no different than a letter to the editor. They don't have to print every letter they get, and the same goes for the comments to their articles online. The editors always have the last say on what gets published, even in... Read more »

4 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: My sister urinated in store while paying for her groceries. Not allowed to use restroom.

Waited in line to enter store. Shopped. Needed to use restroom, but was denied access. Wrapped up her shopping because she needed to urinate. Begged employees to let her use facilities. Was advised to speak to a manager. No manager made themselves available. At check out, she begged cashier again... Read more »

William John Light
William John Light answered on May 11, 2020

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

There is no suggestion that your sister suffered from some medical condition that made here incontinent. However, even if that was the case, I doubt that she has a valid...
Read more »

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