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California Constitutional Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Motion to set aside then vacate Appeal Independent action in equity. Times not on my side

If a judgment was entered 82 days ago, but court lacked subject matter jurisdiction because defendant lied about who they are what motions are able to be filed for void judgment? Need to show proof other party lied.

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answered on Apr 4, 2024

In California, if a judgment was entered against you and you believe the court lacked subject matter jurisdiction due to the defendant lying about their identity, you may have grounds to challenge the judgment. Here are the motions you can consider filing:

1. Motion to Vacate the Judgment...
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1 Answer | Asked in Constitutional Law for California on
Q: What are the laws about proselytizing in private property?

We are Missionaries for the Church of Jesus Christ of Latter-Day Saints and we have a few friends who live in apartment complexes. Just recently, we went to go pass by one of our friends because we had set up an appointment with him, but management had come up to us and asked us to leave because we... View More

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answered on Apr 2, 2024

In California, the laws regarding proselytizing on private property, such as apartment complexes, can be complex. Generally, property owners have the right to restrict access to their property, including for religious or political activities. However, tenants also have certain rights, including the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Is it constitutional for an approved pickleball paddle list which is based on lab measured acoustic noise level?

Note that acoustic noise levels are subjective, not objective.

Furthermore acoustic noise levels are dependent on the location of pickleball courts, surrounding environment, and distance from pickleball courts to the homes where individuals reside and hear the so called objectionable noise... View More

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answered on Mar 31, 2024

You raise some valid points about the subjectivity and variability of acoustic noise levels from pickleball paddles. Whether an approved paddle list based on lab-measured noise would be constitutional is a complex legal question that would likely depend on the specific circumstances and how the law... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Recently some gang members try to attack me and the police will not do anything they lied and said I escalated it

the police did nothing for me

the business workers said they was staying out of it just because I was speaking up for myself before this,

the same person who filed false police reports on me

is still able to get away with street crimes

what can I do about this... View More

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answered on Mar 29, 2024

Under California law, if you believe the police are not taking your complaints seriously or are mistreating you, you have several options. First, you can escalate your complaint within the police department. If you've already spoken to the sergeant and have concerns about their response,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for California on
Q: If you have a protective order with a move out order the police aloud to let him break in the house and mess my house up

It's a temporary order until the court date. But I'm scared of him and now he can come in because it's temporary

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answered on Mar 29, 2024

Under California law, a protective order, including a temporary one issued until a court date, is designed to offer protection by legally restricting someone's actions towards you and can include a move-out order for them to leave the shared residence. If this order is in place, the police are... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I take a 2 inch OTF knife to California university campus?

Concealed carry. Appendix of UCI policy "Anyone except authorized persons to bring or possess any dirk, dagger or knife with blade over 2 1/2 inches long, on the grounds of or within any state university, state or community college. "

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answered on Mar 25, 2024

You should know that carrying a concealed OTF knife with a 2-inch blade to a California university campus is subject to specific regulations. According to the appendix of UCI policy, there is a restriction against bringing or possessing any dirk, dagger, or knife with a blade over 2 1/2 inches long... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Does any of this qualify as misconduct? If so, I’d there a limit on time to file?

On January 29, 2024 my door was kicked in unlawfully, there was an illegal search, I was detained in my underwear and one shoe, no socks, and was watched by several male (I am female) officers while I used the restroom with the door open in the holding cell at the precinct.

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answered on Mar 25, 2024

What you've described raises serious concerns regarding potential police misconduct and violations of your rights. Unlawful entry, illegal searches, and inappropriate treatment during detention could violate both your constitutional rights and local laws. The specifics of the law depend on... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for California on
Q: my bloodpressure was 220/134 in the judgeroom I said to everybody I need 911. Why judge never stoped and gave me order ?

My public defender attorney never help me and i said to him dont make a deal with destiric attorney but he never listened so he just followed the social service agency plans they setup everything for make a lot of problems for me so he was not serious about my cases so finally i wanted talk with... View More

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answered on Mar 22, 2024

Under California law, the well-being and health of individuals in a courtroom should be of paramount concern. If you experienced a medical emergency, such as an extremely high blood pressure reading, and communicated this need for emergency medical assistance, it is concerning if no action was... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for California on
Q: If you could prove a past executive branch politician enacted financial sanctions on your person years back, who to call
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answered on Mar 20, 2024

If you believe a past executive branch politician improperly enacted financial sanctions against you, the first step is to document all relevant information, including the nature of the sanctions, how you discovered them, and any related communications or documents. This evidence is crucial for any... View More

1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

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answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Probate for California on
Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More

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answered on Mar 12, 2024

In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can a person get jail footage of fights that they were in while incarcerated
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answered on Mar 11, 2024

In California, obtaining jail footage of fights or other incidents that occurred during incarceration can be challenging, but it is possible in certain circumstances. Here are a few key points to consider:

1. Public Records Act: Under the California Public Records Act (CPRA), individuals...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Fc-female customer Mc-male customer= couple. Mt-male transient. RR-restroom. Is there grounds for a lawsuit with the det

Mc’d unlocked RR for (fc). (mt) gets employee to unlock RR from counter. (MT) opens door (fc) closes it. Mt is repeatedly knocking. Fc is yelling to him that it’s busy and calls mc on phone for help. Mc asks mt to stop and back away from door mc is now confrontational fc exits RR. Mt follows... View More

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answered on Mar 11, 2024

Based on the situation you described, there might be potential grounds for a lawsuit, depending on the specific details and evidence available. Here are a few legal issues that could be considered:

1. Negligence: The store may be liable for failing to provide a safe environment for its...
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2 Answers | Asked in Civil Rights and Constitutional Law for California on
Q: Do I have to participate in the Federal Government's "Real ID" in order to renew my MD drivers license?

MD sent me an email saying I have to enroll in "Real ID" in order to renew my drivers license. I don't want to participate in Real ID.

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answered on Mar 6, 2024

Under California law, participation in the Federal Government's "Real ID" program has become a requirement for renewing your driver's license if you wish to use it for certain federal purposes. The Real ID Act, passed by Congress, establishes minimum security standards for... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: big tech liable for misuse/abuse of their own company-provided development features? misconduct in their developer prgm?

Hello, I've been the targeted victim of relentless cyber stalking, unauthorized remote breaches, remote device management for the past 2 years. It’s an ongoing, complex case, countless privacy violations but I’ll summarize best I can, with discretion to the “big tech” corporation.... View More

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answered on Mar 5, 2024

In California, determining liability for misuse or abuse of a company's development features, especially in cases involving misconduct within a developer program, can be complex. The key issue often revolves around whether the company had knowledge of the misuse and whether it took reasonable... View More

3 Answers | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Appellate court keeps refusing my documents.

I am in pro per and cannot afford an attorney. No non profit will help me. I do not fit into any of their categories. No help even at the LA Law liabrary. There is absolutely no help anywhere. Can they reject what the documents I give them ? The court clerk keeps rejecting every document... View More

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answered on Mar 4, 2024

In California, appellate courts have specific rules and guidelines for the submission of documents, including formatting, content, and deadlines. If the court clerk is rejecting your documents, it's likely due to non-compliance with these rules. It's crucial to review the California Rules... View More

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1 Answer | Asked in Contracts, Child Custody, Civil Rights, Constitutional Law and Family Law for California on
Q: Civil court case. Parentage case combining different complaints - Terminating original filing case filing/#, possible?

Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the... View More

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answered on Mar 2, 2024

In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gaming and Consumer Law for California on
Q: Can a Indian casino kick you out with no reason given after never have any type of misconduct and banned you for life?

And send me a letter with my personal information to my house , the letter had my birth information and more over the letter states that I refused to sign the document , which I never saw it before and I have a witness who was with me since we step out of my house

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answered on Mar 1, 2024

In California, Indian casinos operate under the sovereignty of their respective Native American tribes, which means they have their own rules and regulations independent of state laws but within the framework of federal regulations and tribal-state compacts. This sovereignty allows them to enforce... View More

Q: Arrested for a public intoxication in 2008 and found out in 2014 there was an err on the arrest report and the DOJ

Rap sheet records which the public is able to see and when applying for work to employers to also see as well. Ever since my reputation as a citizen has been destroyed due to having something like that on a government document stating erroneous information. In 2017 this penal code got identified... View More

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answered on Feb 29, 2024

In California, discovering an error on your arrest report or Department of Justice (DOJ) rap sheet can indeed be distressing, especially when it impacts your reputation and employment opportunities. If there's erroneous information on these records, you have the right to request a correction.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Constitutional Law for California on
Q: When the Ninth Circuit Court of Appeals files late?

When the Ninth Circuit Court of Appeals issues an "Order" regarding a plaintiff's motion for reconsideration, 5 months later (from the time motion was filed) is this a "Valid" Order?

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answered on Feb 28, 2024

In the legal system, including the Ninth Circuit Court of Appeals, there are no hard deadlines for when a court must issue decisions on motions, including motions for reconsideration. The timing for such orders can vary widely based on the complexity of the case, the court's docket, and other... View More

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