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California Environmental Questions & Answers
1 Answer | Asked in Environmental for California on
Q: I am filing a writ of mandate against the California Air Resources Board. Can I file in Los Angeles Superior Court

They have an office in El Monte. Can I file here or do I have to file in Sacramento

James L. Arrasmith
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answered on May 6, 2023

If you are filing a writ of mandate against the California Air Resources Board, you can generally file in any superior court in California. However, it is recommended that you consult with an attorney or do your own research to determine the most appropriate venue for your specific case.

In...
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1 Answer | Asked in Agricultural Law and Environmental for California on
Q: Why are bees fish?

In the case of Almond Alliance vs Fish and Game Commission, what is the difference between bees having to be fish and insects having their own section in the CESA? Why not file for an amendment for the CESA to have a section for them?

James L. Arrasmith
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answered on Mar 16, 2023

Bees are not fish, and it is unclear why this question is being asked in the context of agricultural law and environmental law for California. The Almond Alliance vs Fish and Game Commission case likely does not involve the classification of bees as fish.

As for the issue of insects having...
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2 Answers | Asked in Criminal Law, Environmental and Civil Rights for California on
Q: Hey a couple of questions, first, is there any law that requires a public entity to provide services( mainly in Californ

another question is whether there is an actual law that demands police departments to give lawyer services before the interrogation of an arrested person, if so where does it written, and for how long the consultation can go on? if it's possible I mainly need the source I'm making some... Read more »

James L. Arrasmith
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answered on Mar 5, 2023

Regarding your first question, California's Constitution and laws require public entities, including local governments and state agencies, to provide certain services to the public. For example, the California Constitution guarantees the right to a public education, and the state's... Read more »

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Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Environmental for California on
Q: I have condo in Long Beach that has sustained months of water damage. Asbestos was found in walls and is now abated.

This has left over half of the condo without walls, closets, cabinets and drawers in bath, kitchen and some floor covering is missing. The leaks are fixed.

Problem: My HOA and the property management company have delayed beyond a reasonable time to get repairs completed. We are now... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 1, 2022

That's unfortunate news about your condo. I would suggst to first review the CC&R's to see whether or not you can even make repairs without having the oversight from the HOA. I have a condo myself used as a rental property, and I know the CC&R's dictate that the HOA has to... Read more »

2 Answers | Asked in Personal Injury, Environmental and Landlord - Tenant for California on
Q: How do I get a lawyer to see the importance in my case ,and get a response from my message left on sites like this one

Ive been months going on find a lawyer site and I haven't received any response what I doing wrong could someone explain to me what is a

Correct and what doesn't catch the legal eye cause my situation is a big case if once looked into it goes beyond the unit I live in I only hope... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on May 24, 2022

You should first find lawyers in your area that handle mold cases and then start calling them to discuss your case. I always suggest someone try 3-4 before making any decisions if they all are not taking on your case. Keep trying is the best advice.

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1 Answer | Asked in Civil Rights, Employment Discrimination, Environmental and Identity Theft for California on
Q: How do resolve current issues
Maya L. Serkova
Maya L. Serkova
answered on Nov 13, 2021

Your post is missing the actual facts. Please resubmit your question with a description of your issues. This will help us better assist you.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Environmental for California on
Q: Can I sue southwest for not having COVID protocols and I catch the virus during one of their flight?

I recently took a flight on Southwest and ended up catching covid. They have mask policy’s which everyone followed but in the past, the middle seat in the aircraft was always empty. I couldn’t imagine the crew doing a sterilization job in the time they pulled in and we boarded. After getting... Read more »

Leon Bayer
Leon Bayer
answered on Oct 2, 2021

In a lawsuit I think you will need to prove 1. that you contradicted your illness on that flight and 2. That you got it from the person sitting next to you and 3. That the airline failed to follow rules established by the government. Other issues are likely to be the vaccination status of you and... Read more »

Q: I Want to Open Hydrogen Station, I wanted to Know about its Legal Formalities etc. In USA
Tim Akpinar
Tim Akpinar
answered on Jul 28, 2021

A California attorney could advise best, but your post remains open for four weeks. It could be difficult for any attorney to meaningfully advise on the formalities you ask about in the brief format of this forum. There are many things to consider, whether from an intellectual property standpoint... Read more »

1 Answer | Asked in Civil Rights, Domestic Violence, Environmental and Landlord - Tenant for California on
Q: Can I sue my building if my room keeps flooding since I moved in

I live in a single room occupancy its very unhealthy for me I was also going thru an domestic violence and when I asked repeatedly to move and even contacted victims of violent crime and the women's against violent acts the building management pretended to move me to another unit in the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jul 7, 2021

more info is needed.

clearly, this facility is not up to code.

you have an inherent promise of habitability when you move somewhere.

you can go to small claims; report to state and city etc

1 Answer | Asked in Environmental for California on
Q: motel owner pump out waste of septic tank into public street for 8 hrs at night

They have been doing this 4 yrs next to a school the smell is so bad they just fill the hole back up with dirt .

Maurice Mandel II
Maurice Mandel II
answered on Oct 26, 2020

You should take photos and videos with your phone and report this to the police.

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1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for California on
Q: I'm seeking representation for the dangerous recklessness endangerment of my Land, farm, water soil, air and my Person.

by Sierra Pacific Industries who sprayed 1000's of gallons of Agent Orange on their property adjacent to me. I suffered 21 days breathing this toxic soup and now suffering from Emphysema and Chronic Bronchitis. I have filed suit on time in El Dorado county and need help! This was the second... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt
answered on Feb 15, 2020

We are not allowed to personally solicit or give referral information in these forums. You can search this site for attorneys, however, and a number of other similar sites. You want to find a personal injury attorney in your area and get a consultation. She can tell you whether you have a viable... Read more »

2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Landlord - Tenant for California on
Q: Is a landlord required to find and pay for housing if mold needs to be abated?

I live in an apartment in Anaheim California. The lease is weekly and required to pay by week and it up to a month in advance. I have been stalked and harassed and now the entire ceiling in my closest is saturated with water and brown mold in ceiling. The carpet is wet and my belongings on on the... Read more »

Manuel Alzamora Juarez
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answered on Jan 15, 2020

Go to the doctor and get treated. Most insurance company have exclusions for mold. You have to use negligence theories. Be careful how to file your pleading. Best of luck.

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1 Answer | Asked in Environmental for California on
Q: Can I sue California for having fluoride in the water? Fluoride is a neurotoxin and does not help teeth at all.
Tim Akpinar
Tim Akpinar
answered on Dec 2, 2019

There has been legal activity in this area, involving the EPA under the Toxic Substances Control Act. You could look into the current disposition of the matter. Good luck

Tim Akpinar

1 Answer | Asked in Environmental for California on
Q: Can the government divert a river onto a small branch of the river?

With pilings and levies and dirt with tamerisks growing on them raised up mounds is how the river was diverted onto an old branch of the river. Now river is concentrated onto and runs on the branch which was smaller but now river is widened at least ten times old river and branch

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2019

The U.S. Army Corps of Engineers has considerable authority in its work involving flood protection and the maintenance of public waterways. If you contacted them, it's possible they could advise about the specific legislative authority relied upon for such projects. Good luck

Tim Akpinar

2 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for California on
Q: Do hotels have to follow certain level certain guidelines How they handle big emergencies? I feel i am being wronged.

I just cant get up and leave so easily. I've been at hotel for a year. I have a few things in my hotel room that will take me several trips to relocate. Its not just my luggage and lets go. Hotel knows my bathroom been leaking and their maintenace guy quit they barely got a new guy. Now the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 17, 2019

much more info needed.

is there some kind of lease?

if you feel you have been wronged consider small claims where you can sue for up to $10k.

this may be more of a policy issue than legal.

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1 Answer | Asked in Civil Rights, Environmental and Gov & Administrative Law for California on
Q: Stop code enforcement from hitting returnees with violations with hefty fines in paradise, CA. can anything be done?

Some of us are starting to receive violation notices from the city of paradise for code violations that are 2 months old along with the hefty fines for each. We were told that we would fall under a disaster ordinance upon return and I believe for up to 18 months. Now it is said only 180 days. the... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Jul 26, 2019

TIME IS OF THE ESSENCE

You need to get familiar with the City's Municipal Code right away. You and the others like you should appeal every citation you get. Get yourselves a good civil rights lawyer who can represent you in every citation case.

Find yourself a good lawyer who...
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1 Answer | Asked in Environmental and Patents (Intellectual Property) for California on
Q: My friend patented in Mexico a new way to clean water in the oceans. Would like to sell here in USA.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2019

Your friend's patent will only protect him/her from the competition within Mexico. If your friend did not patent it with the USPTO, anyone will be able to practice the invention in the US, but so nothing for your friend to sell. What does your friend want to sell?

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for California on
Q: If I been given a UD filed Feb 1st, 2019, but still no court as of yet. Can I still sue them in small claims court?

Breach of Contract and Covenant of Quiet Enjoyment, Owner and Manager for harassment, Intentional Infliction of Emotional Distress, outrageous conduct, extreme and outrageous conduct by the Owner and Manager with the intention of causing, or reckless disregard of the probability of causing,... Read more »

Thomas A. Grossman
Thomas A. Grossman
answered on Mar 18, 2019

I don't understand your statement of "No Court," which I assume means there has been no Court date set. You need to go on the internet and find the nearest Court in your County. Then log in to that Court Website and look for a case number. If you received papers from the Court you... Read more »

Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.

Limbs have fallen from the two trees on both sides of the tree limb that hit my car causing $2,000.00 damage to my vehicle

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 14, 2019

The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue.... Read more »

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