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California Constitutional Law Questions & Answers
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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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can I file a civil suit against the city for my losts after my criminal case was drop due to no evidence?
William M. Weinberg
William M. Weinberg answered on May 8, 2020

You can sue, but you’ll need good evidence that the arrest was wrongful and that you have documented injuries.

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2 Answers | Asked in Consumer Law, Civil Rights and Constitutional Law for California on
Q: Can a store deny me service for not being able to buy mask

I sent to my local 99 cent store to purchase battery and they had there security gaurd stop me from entering the store without a mask they said I could not enter and they will refuse service and that it was the law

Daniel Timothy LeBel
Daniel Timothy LeBel answered on May 8, 2020

The security guard was correct. It would be a violation of the law for the store to allow you to enter. Under current state and local county orders concerning the COVID-19 pandemic all patrons of grocery or other retail stores are required to wear masks for their own safety, for the safety of other... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How should I present kicking in selfdefense after a neighbor got in my face hit me,chased me &was granted tempR.O?

My drunk neighbor on informal probation for a dui, got in my face for “slamming my door, punched me in my face while my hands were behind me, and then pulled away from me, falls down and gets up pursuing me around my car, so I kicked her one time and she and her multi felon boyfriend attacked me... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 6, 2020

Order a copy of the security tape and take that to court with you when you have your hearing. File a response to the charge and state your side of the story, and stick to just what happened without embellishing anything or doing any name calling etc. Just be factual. Take the copy of the security... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can I sue a police officer and the court of Santa Maria for a case related to defamation of character?

2 months ago I got a letter from my car insurance company stating that they needed a copy of my driver license. I called the insurance and they inform me that they pull up my driver record and it shows that my driver license was suspended. Afterwards, I called the DMV and they say the license was... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 6, 2020

more info needed

i would encourage you to contact a local attorney who is familiar with DMV and Criminal matters.

if you are right you will prevail.

i think the court would probably be protected........and depending on the facts , the officer too.

make an appt with a lawyer.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: I would like to know if CA citizens can file a class action against Pelosi, Newsome, Schiff and Schumer?

The citizens of CA have had enough of the disregard for our health, safety and emotional well-being at the hands of those who are supposed to represent it's citizens LEGALLY, upholding the USA Constitution and Constitution of CA which they are not. We the people residing in CA are fearful... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 21, 2020

No.

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: What California health and safety codes authorizes social distancing and stay at home order?
Louis George Fazzi
Louis George Fazzi answered on Apr 17, 2020

The United States Constitution, as well as the California Constitution, provide all the authority necessary for both the Federal and State Governments to implement urgent policies in the event of a worldwide pandemic.

The President issued a National Emergency notice on or about March 13,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Small Claims for California on
Q: Can I take action if Walmart store let my 13 year old brother purchased a fishing knife w asking for an ID?
William John Light
William John Light answered on Apr 15, 2020

There is no age limit to purchasing a knife, nor a requirement to ask for ID, to my knowledge.

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