Get free answers to your Municipal Law legal questions from lawyers in your area.
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
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
I entered the leasing office parking lot of my apartment complex at the night time to execute a U-turn. Unbeknownst to me, a metal chain had been installed across the entrance. This chain was positioned below my line of sight and lacked any warning signs, reflective markers, or cones to indicate... View More
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answered on Nov 14, 2024
The installation of chains or barriers across parking entrances must comply with California safety regulations and building codes. Property owners have a duty to ensure such barriers are clearly visible and properly marked to prevent accidents, particularly during nighttime hours.
Under... View More
I just want to know if I can have my towing and storage fee waived because I am homeless.i don't even know why my stuff was not allowed for me to take my belongings from my home before it was towed.i was also curious about my rights being violated.they searched me and told me to sit by the... View More
answered on Oct 18, 2024
I'm sorry to hear about what you’re going through. In California, getting your towing and storage fees waived due to homelessness is possible in some cases, but it’s not automatic. Many cities and counties have programs or fee waiver options for low-income individuals or people... View More
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
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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
Are there laws regarding fiduciary responsibility for board members of a municipal public agency? More specifically can a board member initiate a large payment to an independent contractor without board knowledge or approval?
What is the exact statute or legal determination by case law or otherwise in writing that the agenda of a public meeting must include an agenda packet or agenda materials that provide additional information to the public? For example, if the legislative body is going to approve a contract, where is... View More
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answered on Sep 11, 2024
The Brown Act, California's open meetings law, requires that agendas of public meetings provide a clear description of each item to be discussed, allowing the public to understand the topics being considered. However, the Act itself does not explicitly require that the agenda must include the... View More
At every board meeting, the minutes from the previous board meeting are reviewed and then approved by the board. These minutes are sent to the board members before the meeting so board members can review the minutes in advance. Are these minutes required to be made available to the public at the... View More
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answered on Sep 10, 2024
Under the Brown Act, when minutes from a prior board meeting are distributed to a majority of the legislative body, they generally must also be made available to the public at the same time. This is because the Brown Act requires that any written materials distributed to a majority of the members... View More
This public agency is also an independent California corporation. What are the legal requirements for this entity to produce and publicly report meeting minutes?
answered on Sep 9, 2024
Perhaps you could name this public agency that is also an independent California corporation.
If a board member suspects there is financial misconduct committed by their organization, what is the board members’ responsibility to report the misconduct, and to whom do they report it?
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answered on Sep 8, 2024
If you, as a board member of a California Municipal Public Agency, suspect financial misconduct within your organization, you have a duty to act in accordance with your responsibilities under the Brown Act and relevant laws governing public agencies. Your role as a board member requires you to... View More
If the board is changing due to an election, can the new board bring forth an agenda item previously voted down by the old board?
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answered on Aug 31, 2024
Yes, a new board can bring forth an agenda item that was previously voted down by the old board. The Brown Act does not prevent a board from reconsidering items that were previously discussed or rejected. This is particularly relevant when a new board, formed after an election, may have different... View More
If I attend a board meeting and during my public comments, announce that the agenda violates the Brown Act because some agenda items do not have agenda materials, what can I ask or demand be done? Does every agenda item require agenda materials?
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answered on Aug 31, 2024
When you attend a board meeting and believe that the agenda violates the Brown Act due to missing agenda materials, you can raise this concern during your public comment. You can ask the board to postpone or continue the discussion on those items until the necessary materials are provided to the... View More
Based upon my last question to you, if the action was a violation of fiduciary duties and a misuse of funds; if the action was unauthorized and lacks proper documentation, what is the proper action that should be taken by the board?
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answered on Aug 30, 2024
If the board discovers that an action was a violation of fiduciary duties, involved misuse of funds, and lacked proper authorization and documentation, immediate steps must be taken to address the situation. The first action should be to halt any further transactions or activities related to the... View More
We have a situation where two board members, the president and secretary, secretly co-signed a check (about $9,000) payable to a staff member who was an independent contractor at the time, but currently is no longer associated with the nonprofit. There seems to be no legitimate reason nor... View More
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answered on Aug 30, 2024
Under the Brown Act, the public has the right to access materials related to items on a public agency's meeting agenda. If the executive director's report about the investigation into the unauthorized payment is part of the agenda, it should be made available to the public upon request.... View More
My question pertains to a California Municipal Public Agency subject to the Brown Act. A public meeting agenda is posted without any agenda materials attached to the agenda so that neither the legislative body nor the public can review the agenda materials prior to the meeting. Is this allowed... View More
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answered on Aug 29, 2024
Under the Brown Act, a California Municipal Public Agency must ensure transparency in its meetings, including the availability of agenda materials. The Act requires that agenda materials distributed to a majority of the legislative body must also be made available to the public at the same time,... View More
My question pertains to a California Municipal Public Agency subject to the Brown Act. The agency has placed a draft document on the public agenda to be discussed during a public meeting. Is that draft document therefore a public record?
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answered on Aug 29, 2024
Yes, the draft document placed on the public agenda for discussion during a public meeting is considered a public record under the Brown Act. Once the document is included in the agenda, it becomes accessible to the public, as the Brown Act is designed to promote transparency in government... View More
When I called the lawyer I explained to him what had happened from there I asked him how much he would charge for a case like my son's he said anywhere from 7500 to 12,500 well I gave him my son's information and waited for 2 wks and I asked him if he would take the case . Well he started... View More
answered on Jul 18, 2024
I am not licensed to practice in your state, so this answer should not be considered as legal advice.
In short, the lawyer's actions seem to be suspicious, and they might constitute legal malpractice and fraud. I would speak to an attorney in California to hash these issues out.... View More
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
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
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
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