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California Municipal Law Questions & Answers
1 Answer | Asked in Car Accidents, Gov & Administrative Law and Municipal Law for California on
Q: Is it legal to park a car on a white curb for a quick in and out pizza delivery in Orange County, CA?

I had a car accident. Parked at a white curb (if not, uncolored) to deliver food. Quick in and out but came out to see a woman backing out of her parking space and hit my car. She had more than a whole car lane of room to go out. I think she’s at fault but was it legal for me to park on the curb,... View More

James L. Arrasmith
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answered on Jun 5, 2024

In California, parking regulations can vary by city and county. However, in general, white curbs are typically used to indicate passenger loading zones with a time limit, usually around 5 minutes. These zones are intended for quickly picking up or dropping off passengers, not for parking while... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for California on
Q: city just put up a no parking sign without notice to any vehicle owners and started giving tickets less than 24hrs after

They aren't required to give us a grace period even though they made no official notification to tell us that they had plans to put the signs there and we have to move?

James L. Arrasmith
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answered on Jun 5, 2024

Under California law, cities typically have the authority to regulate parking within their jurisdictions. However, they are generally required to provide adequate notice to the public when implementing new parking restrictions, including the installation of new "No Parking" signs. This... View More

2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: Can a City build 725 apartments within a 1 mile radius without neighborhood input?

The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.

James L. Arrasmith
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answered on May 22, 2024

In California, cities are required to follow certain procedures when it comes to land use planning and development, including providing opportunities for public input and engagement. However, the specific requirements can vary depending on the type of project and the applicable zoning regulations.... View More

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2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: Can a City build 725 apartments within a 1 mile radius without neighborhood input?

The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.

Delaram Keshvarian
Delaram Keshvarian
answered on May 28, 2024

Usually zoning laws determines what density for real estate development is allowed.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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2 Answers | Asked in Consumer Law, Construction Law and Municipal Law for California on
Q: Can a company force payment in full for materials you refuse, even after they had a deposit on the purchase agreement?

Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2024

The general rule in CA in a number of places/ways is simply, you did not get what you paid for and you are entitled to a full refund. Sounds like they will NOT give it voluntarily. Their position seeking payment in full is not based on any law I've ever heard of. Regardless, their position... View More

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2 Answers | Asked in Consumer Law, Construction Law and Municipal Law for California on
Q: Can a company force payment in full for materials you refuse, even after they had a deposit on the purchase agreement?

Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More

James L. Arrasmith
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answered on May 22, 2024

In California, the enforceability of a contract requiring full payment for custom materials, even if the buyer refuses delivery, depends on the specific terms of the purchase agreement and the circumstances surrounding the transaction.

Generally, a deposit serves as a form of security for...
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1 Answer | Asked in Government Contracts and Municipal Law for California on
Q: Why is it illegal to use a trailer to occupied for the purpose of security of a private property
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answered on May 4, 2024

Under California law, using a trailer for occupancy on private property for security purposes could potentially violate several state and local regulations related to housing, zoning, and health and safety codes. Here are a few key reasons why it might be considered illegal:

1. Zoning laws:...
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1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: Can I sue a department or city for failing to properly investigate my fathers murder?

Back in 2004 my father was brutally murdered outside his home he was shot 7x. It was a drive by shooting and there was some DNA evidence found a couple days later. Now 20 years later I was informed after calling the homicide dept to check the status of how to reopen his cold case that some some DNA... View More

James L. Arrasmith
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answered on May 1, 2024

I understand your frustration and anger over the mishandling of evidence in your father's murder case. This is certainly a difficult and painful situation.

In general, it can be very challenging to successfully sue a government agency like a police department for negligence in an...
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1 Answer | Asked in Municipal Law for California on
Q: I am interested in mounting a cylindrical LED billboards around a supermarket parking lot light post to display

advertisement In California

James L. Arrasmith
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answered on Apr 27, 2024

Here are some key considerations for mounting cylindrical LED billboards around a supermarket parking lot light post in California:

1. Permits and regulations: Check with your local city or county planning department about any permits required and regulations related to outdoor advertising,...
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2 Answers | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

James L. Arrasmith
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answered on Apr 17, 2024

This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:

- The new property owner has the legal right to remove trespassers from their private property. Purchasing the...
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2 Answers | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 27, 2024

Thank you for asking the question!

1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I bring kratom across the border from Tijuana to San Diego?
James L. Arrasmith
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answered on Apr 13, 2024

I apologize, but I cannot provide advice or assistance related to bringing kratom or any other substances across international borders, as doing so may be illegal. Kratom is currently not scheduled under the U.S. Controlled Substances Act at the federal level. However, its legal status varies by... View More

2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: Can I put up an unlocked chain across a driveway shared by two homes.

The plastic chain is supported by two metal posts on either side of the driveway. We live on a small one way mountain road and don't like vehicles that pass by using our driveway as a turnout or turnaround. Our neighbor doesn't like it and says it's an unnecessary barricade.

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

In California, the legality of placing a chain across a shared driveway depends on several factors, including any existing easements, the specific agreement between the property owners, and local ordinances.

1. Easements: If there is an easement agreement in place that grants both property...
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2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: Can I put up an unlocked chain across a driveway shared by two homes.

The plastic chain is supported by two metal posts on either side of the driveway. We live on a small one way mountain road and don't like vehicles that pass by using our driveway as a turnout or turnaround. Our neighbor doesn't like it and says it's an unnecessary barricade.

Thank you

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

1. Since the driveway is shared, its maintenance belongs to both of the property owners. Your neighbor's consent is required for such changes.

2. Even when there is a mutual agreement, a real estate attorney needs to examine your deed and...
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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: Can a police officer give you a ticket for having lunch at a table in the park that is within 150' of the water way.

In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More

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answered on Apr 12, 2024

In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More

1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: The city abandoned a road In front of property I own without notification. Is this ok?

I went to look at my property, and I came upon "K" rail blocking my access, and I saw that the road was Jack Hammered in front of where my property lies (Land). I've been going to my lot each month, to keep it clean and preparing it so I may build on it one day soon. My intention... View More

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answered on Apr 8, 2024

Under California law, a city generally cannot abandon a public road without following a specific legal process, which includes providing notice to affected property owners. The California Streets and Highways Code (Sections 8300-8363) outlines the procedures for abandoning public roads.... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Are Walmart parking lots considered private property?

Long story short, I need to pay my car’s tags, it’s been a rough year so I kept putting them off with each disaster, and I’ve recently started getting parking citations for my car’s tags when I am at work. I have no other vehicle available most of the time and I don’t have the money to... View More

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answered on Apr 8, 2024

In California, parking lots owned by private businesses, including Walmart, are generally considered private property. However, this does not necessarily mean that you cannot receive parking citations for expired tags while parked in these lots.

Here's why:

1. Private property...
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1 Answer | Asked in Consumer Law, Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Autopay (water bill) with a credit card & paperless billing since 2008: Can city now charge fee for credit card use?

The city gets to save money with paperless billing. The customers set up auto pay with a credit card. This was a win-win. But the city now wants to change terms saying they will charge customers for credit card fees. This eliminates the incentive for the city to use a low cost credit card... View More

James L. Arrasmith
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answered on Mar 27, 2024

In California, businesses, including cities providing utilities, have the discretion to charge fees for credit card transactions, subject to state regulations and any agreements they may have with customers. The legality of introducing a new fee after a service has been provided under certain terms... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for California on
Q: Towing company refused to provide written authorization for grounds of tow. What can I do?

Hi! I was towed around 10:30 pm in Los Angeles County, California, for being parked in a private commercial / residential parking lot (spot read 2 hour customer parking, but I was outside of the plaza). I was in the wrong here, but I had a confusing experience releasing my car.

The towers... View More

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answered on Mar 15, 2024

Under California law, particularly Vehicle Code 22658(l)(3), you indeed have the right to request a copy of the written authorization for towing from the property owner or their agent. This authorization should have been obtained by the towing company before they towed your vehicle. The law states... View More

2 Answers | Asked in Real Estate Law, Energy, Oil and Gas, Land Use & Zoning and Municipal Law for California on
Q: Can Edison charge to move an electric pole in my property? can I force Edison to move them for free?

I bought four years ago a 4 acres of land without any easement on the title. There is a pole in the center of the land with transformer and a hight voltage line crossing my lot and it belongs to Southern California Edison.

Edison wants to charge me $30,000.00 to move the pole. This is a... View More

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answered on Mar 7, 2024

Under California law, utilities like Southern California Edison generally have the right to install and maintain their infrastructure on private properties through easements or utility rights-of-way. However, if there was no easement recorded on your property title at the time of purchase, this... View More

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