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California Native American Law Questions & Answers
1 Answer | Asked in Employment Law and Native American Law for California on
Q: Can my employer force me to wear a mask and threaten termination if I have a medical condition?
Neil Pedersen
Neil Pedersen answered on Jun 27, 2021

Your employer can require you to wear a mask. If you have a medical note indicating that you cannot wear a mask due to a medical condition, that does not mean you get to take the mask off and work like you did before the pandemic. Rather, the employer as the obligation at that time to determine... Read more »

2 Answers | Asked in Personal Injury, Domestic Violence, Native American Law and Securities Law for California on
Q: Dose pachanga security have a right to put their hands on me due to haveing no I'd on my person far from 21 , 43?

Wasn't in casino took dog out to potty security approached ?about my Id in witch I had none boyfriend did .I was demanded to leave in a direction I did know at all I explained I'm not going that way and I'm going back inside to buy breakfast and then I was going to leave I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Contact a member of the Consumer Attorneys of California (CAOC)--they give free consults. It's possible you have a case though I'm not sure if it is likely to cover the costs of bringing it.

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1 Answer | Asked in Personal Injury and Native American Law for California on
Q: I was injured in an attack by a patron while at The Spa Casino in Palm Springs. Medical bills $20k, how to proceed?

I have until May 15th to settle any claims against them. I am 71yrs. old.

Dale S. Gribow
Dale S. Gribow answered on Apr 12, 2021

more info will be needed.

you should contact a Personal Injury Lawyer asap....and one that understands Indian Law, as they have their own tribal court..........assuming you are going after them.

you will have to show why the casino might be responsible for a patron's...
Read more »

1 Answer | Asked in Native American Law, Personal Injury and Gaming for California on
Q: Chemical burns at Indian casino..how should I proceed?

I was recently can really meet at a California Indian casino when I suffered chemical burns on the back of my legs due to sitting down on a chair that had been treated with the chemicals that they spray to disinfect against Covid. This caused me severe pain and swelling and caused me to go into... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 28, 2021

more info needed.

you may have a case but the complicating factor is you need not only a PI lawyer but one with experience suing Indian tribes

google for local PI lawyers to see if they have this kind of experience.

1 Answer | Asked in Civil Rights, Juvenile Law and Native American Law for California on
Q: Can cps detain and continue detainment based on one positive drug test? Can it be a er test? Only allegation on case?

Er didn't notify us test was even being done. It was a dip stick test with no 2nd confirmation test. One positive test followed by 6 negitive tests including on day of birth mom and baby tested clean. Cord blood came back clean. Mother has no criminal history of any kind, minor and adult.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 26, 2020

More information is needed. The mother needs to find and obtain a lawyer with experience in Indian Child Welfare law in order to protect and assert her rights. If she needs your assistance, you need to remember that she will be the client and few attorneys will get involved in advising a client... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Native American Law for California on
Q: What type of attorney is needed for medical malpractice within a tribal health facility? And where is one found please?

I was informed that requires more than a regular public medical malpractice attorney due to jurisdictional limitations dealing with tribal heath facilities. Thank you for your time!

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Dec 10, 2020

Not from my understanding

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Native American Law for California on
Q: My brothers body was desecrated by a local mourtuary before he was to be creamated the owner had passed assuming he w

Upon further investigation by local sheriffs and state funeral and burial bureau they had closed the case 9 months later they recovered his body only due to the smell cause refrigeration had broke down I want to know if I have a case againts the sheriff's department and the state for... Read more »

William John Light
William John Light answered on Nov 20, 2019

Yes, your family has a claim for the negligent treatment of his remains. (Christensen v. Superior Court (1991) 54 Cal.3d868, 879 [2 Cal.Rptr.2d 79, 820 P.2d 181]). Contact a PI attorney to discuss.

1 Answer | Asked in Civil Rights, Government Contracts, Libel & Slander and Native American Law for California on
Q: I wanted to know what I can do about TANF in pala Ca.? They have stressed me to the point of being ill and depressed.

I have proof that they mistreated me and recordings, I know that they have a personal vendetta with me.

Louis George Fazzi
Louis George Fazzi answered on Sep 10, 2019

You have to provide a lot more detail in order to get decent legal advice. This is probably not the best forum for getting an answer for you. Contact the County Bar Association in the county in which the local office of TANF is located, and ask for a civil rights attorney referral. The initial... Read more »

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on
Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
Read more »

1 Answer | Asked in Immigration Law and Native American Law for California on
Q: I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States.

I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States. I have a confirmation of registration letter from Indian Affairs to prove I am status indian. I want to know what other steps I need to take to become a citizen?

Scott E Beemer
Scott E Beemer answered on Jun 11, 2019

Hello,

American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States....
Read more »

1 Answer | Asked in Native American Law for California on
Q: I was notified I was fired from my position at Tribal TANF program for whistleblowing, while on bereavement leave.

I am a director of a Tribal TANF program. Two days ago, a council meeting happened to discuss how to terminate me. ( I will disclose the detail offline) I also am aware of that at least two of the Council members, and the Deputy Director met before the meeting to attempt to use this information to... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 1, 2019

I am sorry to hear about your situation. Unfortunately, the laws of California and the federal government likely will not apply to your situation. Rather, the laws of the tribal nation where the business is located would be those that will apply to you, and only someone with specific knowledge of... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Native American Law for California on
Q: disabled person who hired a paralegal who wasn't really a paralegal come to find out, she lied to me

all the paperwork she did was wrong she missed a court date for a demurrer. My friend paid her 2k cause I have 0 money and now I don't know what to do about this matter. The court granted the request of the demurrer and I have no clue what just happened. Per the ADA I can ask for a special... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Mar 15, 2019

It is always a good idea to get references when hiring a paralegal. I believe you need to hire an attorney. A Paralegal is not allowed to practice law. Sorry you were taken. You have not stated what type of case it is , so no one can answer this or give you advice. Best of luck.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Native American Law for California on
Q: We are now ha the jurisdictional level in the Indian Bureau has not been made aware that my daughter is possibly Indians

We are now at the jurisdictional level and had it not been for me bringing it up once again the Indian Bureau has yet to be notified up until the 18th of this month about my daughter and possible Navajo Indian is that a violation of her due process rights? And what can I do and can I appeal a... Read more »

Gary Kollin
Gary Kollin answered on Sep 27, 2018

Hire a lawyer familiar with Navajo law

1 Answer | Asked in Native American Law and Sexual Harassment for California on
Q: I need a native law lawyer for sexual harassment. I work for a native casino

I have been sexually harassed and it was caught on video by surveillance and because the harasser is related to members of the tribal council nothing is being done about it and the GM told me he didn't want to hear about this person sexually harassing me. I also reported it to HR and the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 29, 2017

An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. 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... Read more »

1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: .. Can a parent who is indian file custody in tribal court,when the other parent is not indian
Joseph J Wiseman
Joseph J Wiseman answered on Nov 1, 2016

Generally, yes; however there is the question of whether the tribal court has jurisdiction over the non-Indian parent. That question is being litigated around the country and there is no clear answer. A lot depends on the specific facts, so you should seek out competent counsel for advice.

1 Answer | Asked in Native American Law for California on
Q: If a Native American marries a non native, when he dies is she entitled to his casino royalties?
Joseph J Wiseman
Joseph J Wiseman answered on Feb 6, 2014

The answer to your question depends on a variety of facts that should be explored by competent counsel. Your should consult with an attorney who is familiar with federal Indian Law and probate law. Good luck.

1 Answer | Asked in Native American Law for California on
Q: What is the name of the law that protects tribal members from their own tribal government
Matthew Parham
Matthew Parham answered on May 10, 2012

It sounds likely that you are thinking of the Indian Civil Rights Act, which is at 25 USC 1301-03. The tribe itself may also have something akin to a bill of rights that it has itself enacted, or customary laws or doctrines recognizing additional or different rights than those in the ICRA. But in... Read more »

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