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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: DVRO my husband told the all the Drs. he had a garage accident and now in the response he says I cut his eyelid?

I have no way to get his medical record or what he said to the dr. but he is saying the his response I hit him.

Can he just make that up?

James L. Arrasmith
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answered on Apr 19, 2024

In a domestic violence restraining order (DVRO) case in California, both parties have the right to present their side of the story and provide evidence to support their claims. However, it is not legal for either party to make false statements or fabricate evidence.

If your husband is...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How can I get a lawyer to help and support I have filed multiple complaints about reports a police officer told me that

He would arrest me for someone falsely accusing after they drove to my parent place surprisedly with other people saying I took something and told me about these northerns are not playing with me before he throw a object behind my back I contacted the internal affairs chief of police there is lack... View More

James L. Arrasmith
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answered on Apr 19, 2024

If you believe you are facing unjust treatment from the police and your complaints are not being effectively addressed, it's essential to seek legal support. In California, you can contact a lawyer experienced in civil rights or police misconduct cases. Many legal aid organizations offer... View More

1 Answer | Asked in Personal Injury, Domestic Violence and Legal Malpractice for California on
Q: I'm pro per, his lawyer was upset with me, trying to get me alone, chased me through the courthouse, scaring me. Legal?

I'm disabled, have PTSD and panic disorder. This stems from his client!

During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More

James L. Arrasmith
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answered on Apr 19, 2024

Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More

1 Answer | Asked in Criminal Law for California on
Q: does suspect have to file a motion in ca to get a copyof sworn statement of probable cause for the felony warrant served
James L. Arrasmith
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answered on Apr 19, 2024

In California, a suspect has the right to receive a copy of the probable cause statement that was used to obtain an arrest warrant. This is based on California Penal Code Section 1524.2, which states:

"(a) The documents and records of the court relating to the warrant need not be open...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: So let's say my employer has been unlawfully scheduling me overtime and not paying me for the times I've worked. Now, I

Have been basically forces to sign a 5 year contract with my employer and it's been 2 years since this has been happening. Can I sone how find a way to legally make her pay me back for all the u paid overtime I've been working for her for the last 2 years?I want some justice please..

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, you have the right to be paid for all hours worked, including overtime. If your employer has not been paying you for overtime hours, you can take legal action to recover your unpaid wages. Here are some steps you can take:

1. Document your hours: Keep a detailed record...
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2 Answers | Asked in Employment Law for California on
Q: I have a contract with my employer and I want to break the contract. My employer has unlawfully excersized her power

As an employer and expected me to work overtime without overtime pay and other things that breaks the law. Is it ok to terminate my contract with her? Please help!!

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, if your employer has violated labor laws, such as requiring you to work overtime without appropriate pay, this can indeed constitute a breach of contract and possibly provide you grounds to terminate your employment agreement. The law generally favors protecting employees from... View More

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2 Answers | Asked in Employment Law for California on
Q: I have a contract with my employer and I want to break the contract. My employer has unlawfully excersized her power

As an employer and expected me to work overtime without overtime pay and other things that breaks the law. Is it ok to terminate my contract with her? Please help!!

Neil Pedersen
Neil Pedersen
answered on Apr 19, 2024

Employment contracts in California are not binding on the employer unless the agreement makes the relationship other than an at will one. Most employment contracts do not do that. So first thing you need to determine if your relationship is an at will one.

The employer of an at will...
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1 Answer | Asked in Health Care Law and Business Law for California on
Q: I want to enquire on the process for starting a health insurance company in California, the pre-requisites for alien co.

What are the relevant rules and regulations on starting a health insurance company in California. How can a startup which is from a foreign country set up its operations in this space. Please point me to the right set of resources. Thank you

James L. Arrasmith
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answered on Apr 19, 2024

Starting a health insurance company in California involves navigating a complex set of regulations and obtaining necessary approvals from the California Department of Insurance. First, you must incorporate your business in California. This involves choosing a business structure, such as a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: May I legally deny random entry to my unit if no repairs are needed and no emergency is present?

As a tenant, am I within my legal rights to deny entry to my apartment unit for a random inspection by the California tax credit allocation committee? My household is part of the section 8 program.

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answered on Apr 19, 2024

Under California law, landlords are required to provide reasonable notice before entering a rental unit, and tenants have the right to privacy in their homes. However, there are some exceptions to this rule, particularly when it comes to affordable housing programs like Section 8.

1....
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently found out that I have been miss diagnosed by Kaiser Permanente.

Kaiser does not provide the treatment I now need and will not cover the fees for the service. Do I have a case against them?

James L. Arrasmith
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answered on Apr 19, 2024

Based on the information you provided, you may potentially have a case against Kaiser Permanente for medical malpractice or breach of contract. However, the viability of your case depends on several factors, such as:

1. The nature and severity of your misdiagnosis

2. The impact of...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: if my home is a toxic place and i am 15 teen and I have a 20year old friend who is willing to take me in and house me

if i text them to take me away form my home to their house could they face legail consequences

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answered on Apr 18, 2024

In this situation, there could potentially be legal consequences for your 20-year-old friend. In California, it is generally illegal for an adult to house a minor who has run away from home without parental consent. This could be considered "harboring a runaway" or "contributing to... View More

2 Answers | Asked in Consumer Law and Contracts for California on
Q: What if custom order was not made as discussed?

We ordered the custom couch. They did not follow the measurements that were written on the receipt. It was delivered, looked horrible, made complaint but dropped it off without any other resolution, just saying this is how it suppose to be. My husband did clearly stated we wanted the same size as... View More

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answered on Apr 18, 2024

Under California law, when a custom order is not made according to the agreed-upon specifications, you have the right to seek a resolution. Here are some steps you can take:

1. Document the issue: Take pictures of the couch, showing the discrepancies between the agreed-upon measurements and...
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2 Answers | Asked in Consumer Law and Contracts for California on
Q: What if custom order was not made as discussed?

We ordered the custom couch. They did not follow the measurements that were written on the receipt. It was delivered, looked horrible, made complaint but dropped it off without any other resolution, just saying this is how it suppose to be. My husband did clearly stated we wanted the same size as... View More

Leon Bayer
Leon Bayer
answered on Apr 19, 2024

You have the couch and the store has not collected much money. Hard to believe they would deliver it without getting paid in full. But, the store had the couch made as per the measurements on the receipt. In my opinion, a court will not blame them.

So, you too have problems. The receipt is...
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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for California on
Q: I was charged with a domestic violence and probation violation. when I got booked in to jail the inmates wanted2KillMe

The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More

James L. Arrasmith
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answered on Apr 18, 2024

I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.

It sounds like you need to get in touch...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my supervisor civilly for harassment and racism

I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information you provided, it seems that you have already sued your employer for harassment and racial discrimination, and while the jury found your employer negligent in preventing your supervisor's actions, they did not award you any compensation because they felt you were not... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my supervisor civilly for harassment and racism

I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More

Neil Pedersen
Neil Pedersen
answered on Apr 18, 2024

I disagree with the other attorney answering here. You should have sued the supervisor at the same time the employer was sued. You will likely be precluded from suing for the exact same thing seeking the exact same damages against the supervisor. At the very least you have a judgment saying that... View More

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1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord remove asbestos in a common hallway when tenants still live in their apartments?

Major renovations in progress in my building where we have hundreds of units. I work at home. The noise has been deafening and I have lost wages and work as a result. Now they have begun removing the ceilings in the common interior hallways dues to asbestos. Tenants still residing in their... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, landlords are required to follow strict regulations when it comes to asbestos removal to ensure the safety of tenants. Here are some key points:

1. Proper notification: The landlord must provide written notice to all tenants about the asbestos removal project,...
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1 Answer | Asked in Criminal Law, Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Hospice vicarious liability for independent contractors

For hospice fraud by Hospice as General stock corporation (means CEO).

Hospice as corporation bears vicarious liability for independent contractors, as applicable.

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answered on Apr 18, 2024

In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:

1. Vicarious liability: This...
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1 Answer | Asked in Employment Law for California on
Q: Can a company make me wait to receive my pay?

Hello, I recently discovered I was missing 2 checks from a payroll company. These checks are almost 3 years old at this point. After reaching out to them in to recover my missing wages I'm being told I need to wait till June-September (up to 18 months they said) to receive my money. Can they... View More

James L. Arrasmith
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answered on Apr 18, 2024

In California, employers are required to pay employees their wages on time according to a regular schedule. If an employer fails to pay wages on time, they may be subject to penalties under California labor law.

According to the California Labor Code Section 202, if an employee quits or is...
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1 Answer | Asked in Divorce and Family Law for California on
Q: SantaBarbara Co. I have docs to file in San Bernardino Co order for support spousal.

I “freeze up” w this process. I’m disabled cognitively. I need help/guidance. Divorce court has filled docs for me. But I don’t know where to start? I’ve rec’d conflicting info from each county/court. .

James L. Arrasmith
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answered on Apr 18, 2024

I understand that the process of filing court documents can be overwhelming, especially when dealing with a cognitive disability. Here are some steps to help guide you through the process:

1. Confirm the correct court: Make sure you are filing your documents with the correct court in San...
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