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California Municipal Law Questions & Answers
1 Answer | Asked in Landlord - Tenant, Civil Rights and Municipal Law for California on
Q: If I'm being given temporary shelter in the form of a tent, at a city funded homeless site; can they exitme at any time?

Is there some reasonable amount of time that they by law have to give me? Since I have resided here for over 6 months?

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answered on Jan 13, 2024

Under California law, the rules governing city-funded homeless sites, including those offering temporary shelter like tents, can vary depending on the specific regulations of the city or the entity operating the shelter. Generally, these sites have their own set of rules and guidelines, which often... View More

1 Answer | Asked in Personal Injury, Civil Rights and Municipal Law for California on
Q: Is it legal for the cops to tow your vehicle if your driving with no license and are homeless living in your vehicle?
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answered on Jan 13, 2024

Under California law, the legality of towing a vehicle in which someone is living, particularly if they are homeless and driving without a license, can be complex and depends on several factors. First, driving without a valid driver's license is illegal in California. If law enforcement stops... View More

1 Answer | Asked in Civil Litigation, Election Law, Gov & Administrative Law and Municipal Law for California on
Q: Remedy if our compromised City Council kills a public hearing request on Term Limits that apply only to themselves?

Many residents sent the following to city leaders: Honorable Mayor and Council Members, I would like to request that you lead a discussion designed to place a Term Limit measure for City Council Members on the ballot this November. I request you add this issue to the public agenda of your next... View More

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answered on Jan 11, 2024

In California, if a city council decides not to hold a public hearing or advance a term limit measure despite public request, residents have several options to consider.

First, it's important to review the city's charter and municipal code. These documents often outline the...
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1 Answer | Asked in Contracts and Municipal Law for California on
Q: If you have a rental car and it's TOWED for improper parking. who is responsible if all the items in the car are stolen?

Los Angeles County, California. The rental car was parked. Supposedly incorrectly parked. And It was towed. The rental company picked up the car from the tow yard, the car, it was empty.

All the Christmas presents were gone. as well as everything else in the car.

Who is... View More

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answered on Dec 31, 2023

In a situation where a rental car is towed in Los Angeles County and personal items inside are stolen, determining responsibility can be complex. Under California law, the primary responsibility often lies with the person who parked the car. If the car was parked improperly, leading to it being... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for California on
Q: Needing to understand the effect of part of a Municipal Zoning Ordinance, California.

"but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable" My question concerns the first part "10.40.070.D.E" There is NO subsection E of D. It is 99%... View More

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answered on Dec 26, 2023

Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as "10.40.070.D.E", appears to contain a typographical error, it can create uncertainty in its application and enforcement.... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for California on
Q: The Police impounded my trailer for not having a license plate. I had a temporary registration paper posted in window.

When I called the police dept. They told me they would give me a release paper. The impound yard still wanted me to pay the impound fees. I couldn't afford it and lost my trailer. Could I sue the police dept for impounding my trailer. It was registered and not parked illegally.

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answered on Dec 11, 2023

In California, if your trailer was impounded despite having a temporary registration displayed, you may have grounds to dispute the impoundment and the associated fees.

First, gather evidence of your trailer’s registration status at the time of the impoundment, including any temporary...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Municipal Law for California on
Q: Can this ordinance be interpreted that no hunting is allowed. Santa Clara county

Sec. B14-34.3. - Grazing.

No person shall bring any animal upon Park Property for the purpose of grazing or holding animals without the express written consent of the Director.

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answered on Dec 4, 2023

The ordinance you're referring to, Santa Clara County Sec. B14-34.3, specifically addresses the issue of bringing animals onto park property for grazing or holding without permission from the Director. This ordinance is focused on the control of livestock or similar animals within park... View More

2 Answers | Asked in Land Use & Zoning, Personal Injury, Municipal Law and Small Claims for California on
Q: Septic runoff major issue. 2 properties not including mine.

Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10... View More

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answered on Dec 3, 2023

In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any... View More

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3 Answers | Asked in Personal Injury, Construction Law, Wrongful Death and Municipal Law for California on
Q: How to file a lawsuit against the county
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answered on Dec 3, 2023

Filing a lawsuit against a county in California requires several specific steps. First, you need to determine the legal basis for your lawsuit. This involves identifying the specific actions or inactions by the county that you believe have harmed you and how they violated the law or your rights.... View More

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1 Answer | Asked in Car Accidents, Municipal Law and Civil Litigation for California on
Q: Should I contact my car insurance, or sue the owner of the parking garage? This happened in Orange County, CA.

I entered a parking garage and while looking for a spot the horizontal automatic gate closed on my car and caused damage to it. I wasn't moving at the time, my car was stopped in the middle of the gate while it was fully open. I was trying to beat the closing after another car went through,... View More

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answered on Dec 1, 2023

In California, your first step should be to contact your car insurance provider. They can guide you through the process of filing a claim for the damage to your vehicle. Your insurance company may also pursue subrogation, which means they might seek compensation from the parking garage owner if... View More

2 Answers | Asked in Employment Law, Gov & Administrative Law and Municipal Law for California on
Q: Why are off duty police officer working as partime security guard allowed to wear tax payer supplied uniforms ?

the apple store had 4 officers in uniform. they are not under the color of law because they are paid by the store yet have the credentials as police officers. either they are security or officers can you be both

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answered on Nov 30, 2023

In California, off-duty police officers are often allowed to wear their official uniforms while working as part-time security guards due to policies set by their respective police departments. These policies are generally designed to leverage the authority and recognition associated with the police... View More

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1 Answer | Asked in Personal Injury, Health Care Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I sue a homeless shelter for refusing to let me in even with a referral from the hospital

I have a really bad infection in my leg and just got out of surgery and they said if it gets worse there gonna amputated my leg well I'm homeless and so I'm severely at risk of infection out here .I need to get into a shelter till my leg Gets better or I will.loss.my leg but they denied... View More

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answered on Nov 29, 2023

The ability to sue a homeless shelter for refusing admission can be complex and depends on various factors. Shelters often have specific admission policies and may deny entry based on their guidelines. However, if you believe the denial is based on discrimination or a violation of your rights, you... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: How long is the statute of limitations on suing for unlawful Vehicle Conversion if I was in jail?

I was arrested on January 10th 2021 after driving my vehicle and the vehicle was impounded after an inventory search.While I was in jail I was told the vehicle was in police custody as evidence and I received a Court Order for the Return of my Vehicle. On May 20th, 2022 my criminal case concluded... View More

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answered on Nov 23, 2023

Under California law, the statute of limitations for a lawsuit regarding unlawful vehicle conversion can vary based on specific circumstances, but generally, you're looking at a timeframe of three years from the date the conversion occurred. This is outlined in the California Code of Civil... View More

3 Answers | Asked in Traffic Tickets and Municipal Law for California on
Q: As a home owner am I allowed to park in front of my own driveway.My driveway entrance is on a blind curve

Simi Valley has imposed a 15 mph speed limit around this blind curve

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answered on Nov 22, 2023

Under California law, generally, it is illegal to park in front of a driveway, including your own. This rule is in place to ensure that driveways remain accessible for emergency vehicles and for the residents themselves.

The fact that your driveway is on a blind curve and that Simi Valley...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Municipal Law for California on
Q: whats a reasonable time frame to return a cellphone that was taken as evidence in california pending d.a investigation.

i was arrested under probable cause for felony stalking. phone was taken as evidence, didnt receive a receipt for it. wasnt on me during arrest. officer went to house and asked someone that lived there to hand it him while i was being arrested. released at court date 4 days after being arrested. No... View More

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answered on Nov 21, 2023

Under California law, the timeframe for returning property taken as evidence, such as a cellphone, can vary depending on the specifics of the investigation. In your case, where the District Attorney (D.A.) is involved, it's not uncommon for investigations to take several weeks or even months.... View More

1 Answer | Asked in Business Law, Land Use & Zoning and Municipal Law for California on
Q: Can a fitness center (commercial gym) have a business license with a residential address?

If a gym owner is evicted from the commercial space and no longer has an address zoned for commercial use, does this negate the business license?

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answered on Nov 11, 2023

In California, a business license can technically be registered with a residential address, but this does not automatically allow a commercial operation like a gym to function in a residential area. Zoning laws, which vary by locality, determine what activities can occur in a residentially zoned... View More

1 Answer | Asked in Constitutional Law, Municipal Law and Gov & Administrative Law for California on
Q: Police just towed out cars for not being registered and they were parked in driveway. Is that legal?

Isn't the first time they've harassed us also what about constitutional rights?

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answered on Nov 10, 2023

Under California law, vehicles parked on private property, like a driveway, generally should not be towed for registration issues alone, unless they pose a safety hazard or violate specific local ordinances. It's important to review local municipal codes as they can vary and might have... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

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answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

4 Answers | Asked in Car Accidents and Municipal Law for California on
Q: Driving at night there was a right turn lane, but when you move over to enter, a curb sticks out from the sidewalk

It cannot be seen due to it being hit numerous times and blackened by the tires. There are no signs, reflectors or yellow paint to warn drivers.

The officer said that people are hitting this area all the time!

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answered on Nov 22, 2023

You may be able to file a claim against the city or municipality responsible for maintaining the road. In California, cities and municipalities have a duty to maintain their roads in a safe condition. This includes repairing potholes, fixing damaged pavement, and installing proper signage and... View More

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4 Answers | Asked in Car Accidents and Municipal Law for California on
Q: Driving at night there was a right turn lane, but when you move over to enter, a curb sticks out from the sidewalk

It cannot be seen due to it being hit numerous times and blackened by the tires. There are no signs, reflectors or yellow paint to warn drivers.

The officer said that people are hitting this area all the time!

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answered on Nov 5, 2023

You should consider whether the lack of warning signs or indicators at the curb constitutes a dangerous condition of public property, potentially making the responsible public entity liable for accidents under California Government Code sections 830-840.6.

If the curb presented a...
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