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California Gov & Administrative Law Questions & Answers
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
James L. Arrasmith
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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 Civil Litigation and Gov & Administrative Law for California on
Q: Is it safe to have mental health patients cooking food for residents in a drug treatment facility
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answered on Mar 20, 2024

Under California law, the safety and welfare of both patients and residents in a drug treatment facility are of utmost importance. The law requires that such facilities maintain a safe and healthy environment. Whether mental health patients can cook for residents depends on their individual... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: i sold a used vehicle to someone (private parties).

He won't put the car in his name although I did fill out the transfer paperwork (on my end, the owner) to CA DMV. I have the bill of sale, etc. What do i do?

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answered on Mar 14, 2024

In California, as the seller of a used vehicle, you have certain responsibilities and steps to take to protect yourself legally and financially. Here's what you should do:

1. Ensure you have completed and signed the "Notice of Transfer and Release of Liability" form, which is...
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1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: I applied for California vehicle rebate program- CVRP. Application was denied.

On their application forms under terms & condition it says ""Applicants whose rebate applications have been approved, cancelled, or denied by the Administrator may request a case evaluation within ten calendar days of application approval/cancellation/denial (mailed hard copy case... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you have provided, it seems that the California Air Resources Board (CARB) and the program administrator may be in breach of the terms and conditions stated in the application form. If the terms and conditions explicitly state that applicants have the right to request a... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for California on
Q: Is it possible to sue the state for discrimination regarding property tax?

I pay property tax on my home….the homeless pay no property tax on their home. Discriminatory.

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answered on Mar 13, 2024

While it is technically possible to sue the state for discrimination regarding property tax, your specific argument about discrimination between homeowners and homeless individuals is unlikely to be successful.

Here's why:

1. Equal Protection Clause: The Equal Protection Clause...
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1 Answer | Asked in Consumer Law, Gov & Administrative Law and Health Care Law for California on
Q: When responding to subpoenas from an attorney or an attorney's third-party affiliate, is a signed authorization require?

Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: I got this Charge THEFT/UNAUTHD CONTROL/>50-I got Withhold Judgment/2nd ChangeCan I get my insurance license. With

I satisfied all of the conditions and I’m trying to get my insurance lic in California. Will this keep me from it

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answered on Mar 13, 2024

In California, having a criminal record does not automatically disqualify you from obtaining an insurance license. However, the California Department of Insurance (CDI) will review your application and consider the nature, severity, and circumstances of your offense, as well as evidence of... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for California on
Q: It is legal to sell my personal wine and whisky collection in my own liquor in California with a valid liquor license?
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answered on Mar 11, 2024

In California, it is generally not legal to sell your personal wine and whisky collection in your own liquor store, even if you have a valid liquor license. This is because of several factors:

1. Personal collection: Your personal alcohol collection is considered private property and not...
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1 Answer | Asked in Gov & Administrative Law, Personal Injury and Health Care Law for California on
Q: Process service of Federal Complaint - package

What documents have to be served on defendant, for initial filing with Central District Court, in addition to Summons and Complaint?

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answered on Mar 7, 2024

When serving a defendant in a federal case filed with the Central District Court of California, you generally need to include the following documents in the service package:

1. Summons: This is an official court document that notifies the defendant that they are being sued and must respond...
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: If an escooter/bike is on a sidewalk do they have to abide by pedestrian rules?

I read that in California it is legal for a bike or e-scooter to enter a sidewalk when the bike lane is blocked or nonexistent, if they were to enter the sidewalk would they have to abide by pedestrian rules such as not crossing when the no walking sign is up? Also if they were to be hit by a car... View More

James L. Arrasmith
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answered on Mar 6, 2024

In California, when bicycles or e-scooters are allowed to ride on sidewalks due to bike lane obstructions or absence, they must generally follow the same rules as pedestrians. However, local laws may vary, so it's important to check the specific regulations in your city or county.

When...
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2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: If an escooter/bike is on a sidewalk do they have to abide by pedestrian rules?

I read that in California it is legal for a bike or e-scooter to enter a sidewalk when the bike lane is blocked or nonexistent, if they were to enter the sidewalk would they have to abide by pedestrian rules such as not crossing when the no walking sign is up? Also if they were to be hit by a car... View More

William John Light
William John Light
answered on Mar 6, 2024

Who is at fault in a collision depends on a lot more than a pedestrian stop being on. Even if an e-scooter or pedestrian is violating the pedestrian stop, a motorist cannot just run them over. The real answer is, it depends. Did the motorist have a chance to react, slow or stop? Did the... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Re: 72 chevelle ss - Police won't let me make report. Title was changed from my name but i never authorized that.?

Since i don't know whose name it was changed to i can't get any info. I've been to dmv, police depts, AAA, no one will give me the name it was transferred to. I would know that if it was legit. So if you can tell me who i need to talk to or where i need to go to get some... View More

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answered on Mar 5, 2024

Hi Leslie,

I'm sorry to hear about your situation with your 1972 Chevelle SS. It sounds like you're dealing with a case of potential title fraud. Here are some steps you can take to try to resolve this issue:

1. File a complaint with the California DMV Investigations...
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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

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answered on Mar 5, 2024

In California, all ATVs (All-Terrain Vehicles) must be properly registered with the California Department of Motor Vehicles (DMV) for legal operation. If you purchased an ATV but did not receive the necessary paperwork for registration, this complicates your ability to use the vehicle lawfully. The... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you... View More

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: My vehicle was stolen from my apartment complex on 1-31-23.

On 2-14-24 CHP called to notify me that the vehicle had been located and was at a towing yard in Folsom California. As the tow yard office was closed, I called them the next morning and was told to retrieve the vehicle I must pay in tow fees and storage fees nearly $600. Everyday this fee has... View More

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answered on Mar 4, 2024

In California, when a stolen vehicle is recovered and towed, the vehicle owner is typically responsible for the towing and storage fees. This situation can indeed be frustrating, especially after the distress of having your vehicle stolen. However, there are a few steps you might take to address... View More

Q: City public works contacted me saying they're guessing my my waste management company truck caused road damage.

City public works contacted me saying they're guessing my my waste management company truck caused road damage. They want me to hire a contractor to pay for the damage caused to the road and the berm. This is outside of my property line, and seems like they should be contacting the waste... View More

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answered on Mar 1, 2024

In California, it's important to understand that while property taxes contribute to the maintenance of public spaces, including roads, the responsibility for damages caused by specific actions or entities can be allocated differently. If a waste management company truck is alleged to have... 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 Family Law, Gov & Administrative Law and Public Benefits for California on
Q: Does durable power of attorney trump oc social services interferences

Being harrassed and medicare or family member trying to seize our assests

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answered on Feb 28, 2024

In California, a durable power of attorney (POA) is a legal document that allows one person (the principal) to appoint another person (the agent) to make financial decisions on their behalf, even if the principal becomes incapacitated. This document can grant broad authority to the agent, including... View More

1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law and Municipal Law for California on
Q: Our road was washed away leaving us stranded without electricity and no propane deliveries. We had to evacuate.

When we evacuated we had to hike out across a raging river and had to leave our vehicle. We could not purchase any items without road acess.

Was our home considered uninhabitable?

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answered on Feb 28, 2024

Under California law, the term "uninhabitable" refers to a living condition that fails to meet basic safety, health, and structural standards set by state and local housing codes. Given the severe circumstances you've described, where your road was washed away, leaving you without... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Hi, This is kinda rather a general question. Can a DA make a public media statement about evidence telling everyone

That information or evidence that is being heard from the public are not true and that certain things definitely did not happen? Stating things as facts.

Is this not prosecutorial misconduct and tainting potential jurors??

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answered on Feb 25, 2024

Under California law, District Attorneys (DAs) have a duty to ensure justice and conduct themselves in a manner that upholds the integrity of the criminal justice system. While DAs can make public statements about cases, they must do so with caution to avoid prejudicing public opinion or... View More

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