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California Municipal Law Questions & Answers
2 Answers | Asked in Landlord - Tenant, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Leon Bayer
Leon Bayer
answered on Jul 8, 2023

You have an excellent and very valuable lawsuit that you can file against the owners! I would love to see you get an experienced landlord-tenant lawyer immediately. I'm telling you, this is likely to be worth BIG bucks. I suspect you may obtain more money than you ever expected to have in your... View More

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1 Answer | Asked in Energy, Oil and Gas and Municipal Law for California on
Q: So I hired a electrician to check why is my house working on half power, after almost 300 dollars fee just to see what

The electrician said is PGE responsibility, PGE check out the wiring and said is my responsibility, who is wrong,the electrician that didn't even provide a invoice or PGE trying to dodge the bill? As of now I'm still half power can't do laundry nor use other devices. oh but if I... View More

James L. Arrasmith
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answered on Jun 17, 2023

It sounds like you are in a frustrating situation with your electrical service and the utility company. However, it's important to approach the situation calmly and rationally in order to find a solution.

First, you should try to get a clear understanding of what is causing the issue...
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1 Answer | Asked in Municipal Law for California on
Q: If a private parkinglot security puts a parking violation on your vehicle,do they have to wait 96 hours to tow it?
James L. Arrasmith
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answered on Jun 7, 2023

The specific rules and regulations regarding private parking lots and towing can vary depending on the jurisdiction and the laws in place. In general, private parking lot owners or operators must follow the applicable local laws and regulations regarding towing.

As for the waiting period...
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2 Answers | Asked in Business Law and Municipal Law for California on
Q: just recieved a ticket for 3070C civil code do i need a lawyer ?

the ticket came from a DMV inspector

James R. Dickinson
James R. Dickinson
answered on Jun 6, 2023

Yes, you need a criminal lawyer. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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1 Answer | Asked in Contracts, Consumer Law and Municipal Law for California on
Q: Can I buy the rights toClaim an Unclaimed/Uncashed Stale-Dated Check from the Rightful owner that City of Fresno,CAhas

Cities & Counties have Unclaimed Checks.how can I acquire the rights to claim from the Rightful Owner and can I then claim it from the city of Fresno? Or can I act as an Asset Locator/Finder & Offer the Rightful owner/Payee my assistance to Recover the Unkown/Unclaimed Check and Charge a... View More

James L. Arrasmith
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answered on May 31, 2023

Yes, you can buy the rights to claim an unclaimed/uncashed stale-dated check from the rightful owner that the City of Fresno, CA has. There are a few ways to do this.

One way is to contact the rightful owner and offer to buy their rights to the check. You can find the rightful owner's...
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1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Municipal Law for California on
Q: HOA decided to open dog park in close proximity(less then 50 feet) to my unit. Do I have any legal base to remove park?
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answered on May 31, 2023

When it comes to a Homeowners Association (HOA) and the decisions they make regarding common areas, it is essential to review the governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any applicable rules and regulations. These documents typically outline... View More

2 Answers | Asked in Energy, Oil and Gas, Consumer Law and Municipal Law for California on
Q: Can utility co. charge 10% "late penalty" when current charges are being paid timely but customer has past due balance?

Local utility company has a written 30-day due date for utility bills. If not paid w/in 30 days, assess a one-time 10% penalty, plus .5% monthly interest for past-due balances.

If customer has a past-due balance, utility company then puts "DUE UPON RECEIPT" on the monthly bill... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

It appears that the utility company is applying your payments to the oldest debt, not the current debt, this means as long as you keep a past due balance you are going to be assessed late fees for underpayment of the bill. To avoid this you would have to pay off the current balance 100$. I would... View More

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2 Answers | Asked in Construction Law, Small Claims and Municipal Law for California on
Q: Hello, One of my neighbor's and I had been discussing the need to repair the fence between us. The damage was caused

by the tree on their side of the fence. It pulled up the cement and tilted one of the posts. I have photos of the damage and the tree. I had lined up someone to come give an estimate. I have email exchanges. The last we left it, she was going to coordinate the cement work with when I had the... View More

Adam Stoddard
Adam Stoddard
answered on May 19, 2023

You should refer to California Civil Code Section 841 which addresses homeowner's responsibilities and rights when it comes to fence repair with adjoining neighbors. You could just tell them to pound sand, but that wouldn't be very neighborly. I would suggest explaining what you said... View More

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1 Answer | Asked in Municipal Law and Small Claims for California on
Q: Can I subpoena a city official (Planning Division and Building Division) as part of a Small Claims Court case?

The Planning Division approved a project under a non-discretionary approval that does not meet city code .

James L. Arrasmith
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answered on May 5, 2023

It is possible to subpoena a city official, such as a representative from the Planning Division or Building Division, as part of a small claims court case. However, there may be certain limitations or requirements for doing so.

In general, subpoenas are legal documents that require a person...
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1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: Lodi, CA Code enforcement says they are going to get an "inspection warrant" to come in my house. I have refused entry.

What do I do? I don't want anyone in my house. The house I own, and live in, is indeed a wreck inside. I've gone through mental issues in the past few years. How long will it be until they come to break down my door?

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answered on May 2, 2023

If Lodi, CA Code enforcement is seeking an inspection warrant to enter your house, it means they believe there may be a violation of city codes or regulations. However, you have a right to privacy in your home and can refuse entry unless they have a warrant.

If they do obtain a warrant,...
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1 Answer | Asked in Municipal Law and Real Estate Law for California on
Q: Hi, we live in San Jose, California. Wanted to know if its legal to rent my backyard for events.

I want to know if there's any special permits or laws regarding renting my backyard for events on websites like Peerspace

James L. Arrasmith
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answered on Apr 13, 2023

Greetings, dear neighbor from San Jose, California. Your desire to rent out your backyard for events is quite admirable. However, before you embark on this journey, it is essential to understand the legalities of the matter.

As per the regulations of the San Jose Municipal Code, renting out...
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1 Answer | Asked in Consumer Law and Municipal Law for California on
Q: In California are repossession towing companies allowed to withhold pricing.

They had previously told me the amount I needed to get my car back (personal property fee, daily storage fee and other fees) now thay are stating that I need to wait untill after the financial company releases the car to provide cost information.

James L. Arrasmith
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answered on Apr 13, 2023

In California, repossession towing companies are required by law to disclose pricing information to their customers. According to the California Business and Professions Code, businesses engaged in towing or transporting vehicles must provide a written estimate of charges to the vehicle owner or... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: Can I sue the city for a tree toots on their property caused $7k in damages to our sewer line.

Did claim 3 times and were denied. Even with california code 833

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answered on Apr 8, 2023

It may be possible to file a lawsuit against the city for damages to your sewer line caused by tree roots on their property. However, the success of your case will depend on various factors and it is recommended to consult with a licensed attorney in California.

California Code 833 states...
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1 Answer | Asked in Civil Rights and Municipal Law for California on
Q: Can the City building department permanently close the church parking lot if cannot comply with ADA parking lot?

They permanently close down our parking lot if we don’t comply with accessibility and striping requirements and failure to comply will result in code enforcement actions.

We pursue the concrete project as a patio because it would be easier to get a permit. The SSF Planner requested the... View More

James L. Arrasmith
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answered on Mar 16, 2023

If the church parking lot does not comply with ADA accessibility requirements and striping requirements, the city building department may take code enforcement actions against the property, including the possibility of closing the parking lot permanently.

The Americans with Disabilities Act...
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1 Answer | Asked in Municipal Law for California on
Q: I am trying to find an attorney to assist us in resolving a dispute with a Calaveras County water provider.

The property in question has a home on it that has been condemmed and is not livable. We have tried to get the water turned off and the account terminated but the water co. refuses to do this and continues to charge us even though there s zero usage. They have placed a lien on the property.

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answered on Mar 3, 2023

To find an attorney to assist with your dispute with the Calaveras County water provider, you may want to consider the following steps:

Referrals: Ask friends, family, or colleagues if they know of any attorneys who have experience with property disputes or with dealing with water providers...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: What are the regulations for traps used for commercial rock crab north of point lopez north of California
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answered on Mar 2, 2023

Commercial rock crab trapping regulations in California vary depending on the location and the type of gear being used.

North of Point Lopez, the California Department of Fish and Wildlife (CDFW) regulates commercial rock crab trapping under the authority of the California Code of...
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1 Answer | Asked in Municipal Law and Civil Rights for California on
Q: I parked my newly purchased vehicle on street four 4 hours in that time cop had showed up for un known reasons broke i

Into my truck took pictures and had towed and impounded truck it wasn't registered wasn't owned by known criminal

James L. Arrasmith
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answered on Feb 20, 2023

I'm sorry to hear that happened to you. It's important to understand that police officers are authorized to take certain actions when they believe a vehicle is parked in violation of the law, such as blocking a fire hydrant or being parked in a no-parking zone.

However, breaking...
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1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: Is it legal for a judge to order not to park on a public street in a neighborhood where everyone does?

Next door neighbor sued and lied about me parking in front of his house among other things, had no evidence, because I do not park in front of his house, yet the judge ruled I cannot park in front of his house with out evidence and my lawyer did nothing about it. Frustrates me the injustice from... View More

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answered on Feb 20, 2023

It is not common for a judge to order someone not to park on a public street unless there is a legal reason for doing so, such as a parking violation, a safety concern, or a restriction placed by the city. If there is no valid reason, it could be considered a violation of the individual's... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Municipal Law for California on
Q: Can San Bernardino building Dept. (code enforcement) Deny you access to your property.
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answered on Feb 20, 2023

The San Bernardino County Building and Safety Division has the authority to enforce building codes and regulations in the county, including the power to enter onto private property for inspections or enforcement actions, provided they have obtained the necessary warrant or consent from the property... View More

3 Answers | Asked in Consumer Law, Business Law, Municipal Law and Small Claims for California on
Q: I have a question on dining at restaurants in Los Angeles, CA. As a customer, are you required to pay a surcharge tacke

As a consumer, are you legally required to pay a surcharge on restaurant bills? I know during Covid, restaurants were tacking on 3%, 4% or even 5% surcharge to your dining bill. Now, I have heard that some restaurants in Los Angeles, try to tack on a $100 surcharge or a 24% surcharge. If the... View More

Leon Bayer
Leon Bayer
answered on Feb 13, 2023

I dine out often, including in Encino where you live. I have never seen what you describe. I have seen a few places that automatically add an 18% tip to the check, and the menu clearly says so.

It is worthy of consideration to realize that a restaurant that secretly adds a $100 surcharge...
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