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California Environmental Questions & Answers
2 Answers | Asked in Real Estate Law and Environmental for California on
Q: Our water is brown and smokes when it’s cold. Its through our HOA. Is there any action I can take?

Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a serious situation that potentially affects your health and safety. Here are some steps you can consider taking:

1. Document everything: Take photos and videos of the brown water and any smoking. Keep records of all health issues you believe are related to the water quality....
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2 Answers | Asked in Real Estate Law and Environmental for California on
Q: Our water is brown and smokes when it’s cold. Its through our HOA. Is there any action I can take?

Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 14, 2024

Thank you for your question!

HOA must maintain the common area which includes water. When an HOA fails to do so, it is subject to several liabilities such as tort and contractual liabilities. Water quality impacts the safety of residents.

You need a real estate attorney...
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1 Answer | Asked in Civil Rights, Environmental and Landlord - Tenant for California on
Q: A month now for release form from other party? Normal? Too long?

Hi thank you for your time first off.. I hate bugging my attorney I know she's trying her best we settled at mediation 4 weeks ago and I still haven't recieved any release form to sign. Lawyer/attorney says she will call when it's ready but checked in last Tuesday and nothing yet...... View More

James L. Arrasmith
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answered on Mar 10, 2024

It is understandable to feel anxious about receiving the settlement release form, especially after waiting for a month since the mediation. However, it is not uncommon for the process to take some time, particularly when multiple parties and attorneys are involved.

Here are a few things to...
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1 Answer | Asked in Environmental and Landlord - Tenant for California on
Q: Was my landlord obligated to tell me the well water is contaminated with trichloroethylene (TCE) before i moved in?

I was told that my daughter and I can't drink the water but never informed that it was because the well water was known to be contaminated with carcinogens.

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, landlords have a legal obligation to disclose certain material defects or hazards that may affect the habitability or safety of a rental property. Contaminated well water with known carcinogens, such as trichloroethylene (TCE), would likely constitute a material defect or... View More

3 Answers | Asked in Securities Law and Environmental for California on
Q: Can I put a security sticker on my personal bedroom window?

A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?

T. Augustus Claus
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answered on Nov 29, 2023

Yes, you can typically put a security sticker on your personal bedroom window in California. There are no specific laws or regulations in California that prohibit homeowners from placing security stickers on their windows. Security stickers are often used as a deterrent to burglars and can help to... View More

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3 Answers | Asked in Securities Law and Environmental for California on
Q: Can I put a security sticker on my personal bedroom window?

A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?

James L. Arrasmith
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answered on Nov 29, 2023

In California, as a general rule, you are allowed to put a security sticker on your personal bedroom window. This is considered a part of your right to ensure privacy and security in your own home. The use of a security sticker does not typically violate any laws, as long as it does not contain... View More

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1 Answer | Asked in Environmental, Gov & Administrative Law and Health Care Law for California on
Q: We live over a groundwater basin. Our water wholesaler is supposed to get 80% of their water from the California State

Water Resources Control Board. In drought they may get only 0 to 15 %. The rest they take from the groundwater basin. In drought years they have depleted the groundwater basin by replenishing less than 1/2 of what was withdrawn. As the basin is depleted the surface sinks causing home foundations... View More

James L. Arrasmith
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answered on Oct 10, 2023

1. To enforce the law regarding groundwater withdrawal and replenishment, affected parties can consider filing a lawsuit seeking injunctive relief to compel the water wholesaler to adhere to replenishment requirements. This could also be pursued as a public interest or public nuisance claim if it... View More

Q: How would the new bill Govenor Newsom signed for Waterfowl effect our property if Mallard ducklings did damage to our p

On June 16, 2023, 1 mother Mallard and her 10 ducklings came into our yard because their is a swimming pool. We opened the gate and let them into the swimming pool, because they would die if they did not find water. Given some thought, we let them stay and drained the water and did many things to... View More

James L. Arrasmith
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answered on Jul 23, 2023

The new bill signed by Governor Newsom to help waterfowl, including Mallard ducks, does not automatically entitle you to insurance coverage for any damage caused by the ducklings to your property. Home insurance policies typically cover specific perils, and damage caused by animals may or may not... View More

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... View 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... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, CA, you’ll need to follow several steps. First, gather all the evidence you have, including photos of the trees and the proximity of the fence to your property, as well as any communication you’ve had with the construction company. These... View More

1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the... View More

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for California on
Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More

1 Answer | Asked in Environmental and Personal Injury for California on
Q: I had thyroid cancer in 2010 and had my thyroid removed.could I qualify for the pfas mass torte?
James L. Arrasmith
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answered on Oct 1, 2024

Qualifying for the PFAS mass tort depends on several factors, including the exposure to PFAS chemicals and a direct link to your thyroid cancer. PFAS (per- and polyfluoroalkyl substances) are man-made chemicals found in many consumer products and can be associated with various health risks. If you... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Environmental for California on
Q: Is there any way to get the landlord to pay for our move when damage the house was because of him.

Landlord intentionally placed items in attic to prevent water leak. One set item was a mattress the other ton of insulation. They cut the frame up there and piece it back together in some areas with this metal grate stuff. I began to hear strange noises and inspected up there and found that some of... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you’re dealing with a difficult situation, especially if your landlord’s actions led to structural damage in your home. In California, landlords are responsible for maintaining safe and habitable living conditions. If your house is unsafe due to your landlord's negligence,... View More

Q: I submitted a "Grievance" report to ECHO homeless center's management, on June 27th, 2024; No word back. FTC,and Lawyer?
James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, here's a concise response to your situation:

1. Timing: It's only been about 2 days since you submitted your grievance (as of June 29, 2024). Many organizations have policies that allow for a certain number of business days to respond.

2....
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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... View 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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