California Municipal Law Questions & Answers

Q: I am the defendant in a case where the original judge took a matter under submission.

1 Answer | Asked in Contracts, Real Estate Law, Municipal Law and Small Claims for California on
Answered on Feb 7, 2019
Thomas A. Grossman's answer
I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.

Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits

1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on
Answered on Jan 16, 2019
Richard Samuel Price's answer
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.

You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.

Q: If I rent from my friend and her old man getting out of jail with a gun charge can I have my bb gun in my room?

1 Answer | Asked in Criminal Law and Municipal Law for California on
Answered on Nov 6, 2018
Dale S. Gribow's answer
IF HE IS THE ONE WITH ISSUES THEN HE SHOULD BE CONCERNED......NOT SO MUCH YOU.

Q: What's the max jail time for poss. of ammunition?

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Municipal Law for California on
Answered on Oct 25, 2018
Dale S. Gribow's answer
NEED MORE INFO

IT WOULD BE HARD FOR ANY LAWYER TO SELL THAT HE (A FELON) JUST FOUND THE BULLETS..............MINUTES B/F STOP.......NOT VERY LIKELY..............THOUGH POSSIBLE.

EVERY JUDGE SENTENCES DIFFERENTLY BASED ON THE FACTS. THE CURRENT LAWYER IS IN THE BEST POSITION TO SHARE THAT INFO

SOMETIMES A CLIENT INTERPRETS A PD AS NOT BEING HELPFUL WHEN S/HE IS TRY TO SAVE YOU FROM GOING TO TRIAL ON A CASE THAT IS UNLIKELY TO BE WON AND THUS HAVE THE CLIENT SUFFER A MORE...

Q: I need help with my case. Judge threw out writ of Non-prosecution from victim and denied me my right to a speedy trial

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for California on
Answered on Mar 21, 2018
Dale S. Gribow's answer
NEED MORE INFO

UNLESS YOU HAVE A LOT OF MONEY YOU ARE MAKING A MISTAKE NOT HAVING THE PD.........YOU MIGHT ASK FOR ANOTHER TO BE APPOINTED BUT IT SOUNDS LIKE IT IS THE JUDGES DECISION NOT THE WORK PRODUCT OF THE PD............

Q: Is pepper spray illegal? If not then what other legalities are connected to it? Aka subdivisions.

1 Answer | Asked in Federal Crimes, Legal Malpractice, Military Law and Municipal Law for California on
Answered on Jan 10, 2018
William John Light's answer
Penal Code Title 2: Control of Deadly Weapons Chapter 4: Tear Gas Weapons Article 1: General Provisions Section 12403.7

Notwithstanding any other law, any person may purchase, possess, or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear gas weapons are used solely for self-defense purposes, subject to the following requirements:

(a) No person convicted of a felony or any crime involving an assault under the laws of the United...

Q: is there a provision in California statutes by which a municipality is required to indemnify police officers

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Answered on Dec 29, 2017
Peter N. Munsing's answer
Not clear what this is in regard to? For costs of defense? Please reframe. If you are an officer, the relevant FOP unit or it's attorney could answer your question.

Q: I JUST DID...A RESPONSE IS WELCOMED , IF NO RESPONSE THEN SO BE IT...

1 Answer | Asked in Constitutional Law, Federal Crimes, International Law and Municipal Law for California on
Answered on Dec 28, 2017
Richard Sternberg's answer
I’m not going to take the time for the historical research, but IIRC, California was surrendered to the US by Act of War from Spain at the end of the Spanish-American War. Nothing prior to the conquest counts at International Law unless the victor affirmatively adopts it. Often, the victor adopts prior common law, and even prior debt, as happened in the Revolutionary War. But, prior law does not survive silence.

Q: Can CA city councils enact ord. concerning an approved for circulation petition that are different than the petition

1 Answer | Asked in Civil Litigation and Municipal Law for California on
Answered on Dec 6, 2017
David Keith Hicks' answer
Yes, of course they can. If they follow the rules for hearings, readings etc. You at the same time can proceed with your "different" petition. You can tell signers what the difference is if you like.

Q: Can a city choose to allow cannabis related businesses even if it is banned inside the same county?

1 Answer | Asked in Business Law, Civil Rights and Municipal Law for California on
Answered on Nov 6, 2017
Louis George Fazzi's answer
The short answer is probably yes. Many small cities are looking to take advantage of the relaxed marijuana laws as a source of income for the residents.

Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?

2 Answers | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for California on
Answered on Aug 16, 2017
Gerald Barry Dorfman's answer
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.

Q: Can I have a vehicle towed from rental property that I manage legally?

1 Answer | Asked in Civil Rights, Landlord - Tenant and Municipal Law for California on
Answered on Aug 12, 2017
Louis George Fazzi's answer
You should retain the services of a lawyer experienced in landlord-tenant rights. Since the tenant made the deal with the owner of the bus to store the vehicle on property she rents, it is her responsibility to deal with her subtenant. However, if the tenant grants you authority to deal with the situation, and since the vehicle is on your property, you may have the right to have the vehicle towed off your property after reasonable notice to the owner to remove the vehicle or be responsible for...

Q: What is my best option for contesting a Civil Citation for possessing alcohol on the beach?

3 Answers | Asked in Civil Rights, DUI / DWI and Municipal Law for California on
Answered on Jun 25, 2017
Louis George Fazzi's answer
If you can offer proof that the date of the ticket is the wrong day, i.e. some evidence of where you were at the same time on the day the ticket was dated, then you might have a good shot at getting a not guilty for the ticket. You'll have to contest it by appearing and pleading not guilty. Gather your evidence (such as a photo taken at the same time showing you were somewhere else on the date of the ticket, a receipt from getting lunch or Starbucks on the same day at or about the same time),...

Q: 1. I'm a musician. Do I need a (police) 'permit' to sell tickets and play live gigs in my California apartment?

1 Answer | Asked in Entertainment / Sports, Land Use & Zoning and Municipal Law for California on
Answered on May 16, 2017
Ali Shahrestani, Esq.'s answer
You may be violating your lease, zoning, and/or licensing laws relating to music venues. You may need contracts with the additional musicians. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...

Q: Help with interpreting parking signs in Los Angeles municipality, California

1 Answer | Asked in Municipal Law and Traffic Tickets for California on
Answered on Apr 26, 2017
David Dastrup's answer
No attorney that I am aware of handles parking tickets from a defense perspective. While I have done it for a city--rare experience--most parking tickets are not worth the effort to fight considering the cost of legal services compared to paying the ticket or the reward of winning.

But if you want to fight then have at it, your time, your effort. Weigh your priorities.

Q: If I am a Canadian citizen with a Canadian Driver's License in California under a temporary TN Visa, do I need a Cal DL?

2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Municipal Law for California on
Answered on Apr 14, 2017
Peter N. Munsing's answer
Depends how temporary. In most states you can get by with an international drivers license but its 10 days after you become a california resident. You can always ask the Canadian consulate out there or the embassy in DC

Q: What action can residents take when SBMC Title 28 public notice requirements are violated by officials to obtain grant $

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Answered on Feb 18, 2017
Ali Shahrestani, Esq.'s answer
Do you have evidence that the notice was not actually posted? If so, you may file a complaint about the city council's actions with the city. That is the first step in addressing a grievance: an administrative complaint. Thereafter, if your grievance is not satisfactorily resolved, you may consider filing suit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,...

Q: If we have an existing, paid for sewer hook-up, can the city charge us for sewer main upgrade?

1 Answer | Asked in Real Estate Law and Municipal Law for California on
Answered on Feb 9, 2017
Ali Shahrestani, Esq.'s answer
What's the purpose of the upgrade? You're connected to the city's sewer lines? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

Q: I live in unincorporated area of riverside county,what authority has a code enforcer on my property

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Answered on Feb 7, 2017
Ali Shahrestani, Esq.'s answer
The county laws should apply to your property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

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