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1 Answer | Asked in Public Benefits for California on
Q: Is it illegal to get married solely for financial aid in California?
James L. Arrasmith
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answered on May 12, 2024

It is generally not illegal to get married solely for financial aid purposes in California or any other state in the U.S. However, it could be considered fraud if you misrepresent your marital status or provide false information when applying for financial aid.

If you are genuinely married,...
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1 Answer | Asked in Bankruptcy, Divorce and Family Law for California on
Q: what happens if judge awards op sanctions and i have no money? I am going to file bankruptcy. case is ongoing

After 3 years in divorce my narcissistic wife responded by filing for nullity of marriage based on claim she was not aware of my 1998 marriage ended due to my becoming type-1 diabetic, had an episode of DV, spent 3 years in prison for crazy charges. First wife we were together 20 years & no... View More

James L. Arrasmith
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answered on May 12, 2024

I'm so sorry you're going through such a difficult and painful situation. Dealing with a contentious divorce, false allegations, and financial hardship can be incredibly stressful and overwhelming, especially combined with serious health issues. Please know that you're not alone and... View More

1 Answer | Asked in Divorce, Landlord - Tenant and Family Law for California on
Q: Does my spouse need to agree w/min. tenant rental $ I set if we rent room out in community property house during divorce

My husband is living in the house right now and paying the full mortgage while I am renting a 2-bedroom studio elsewhere but we are not yet divorced nor legally separated and, from my understanding, I am entitled to half the rent. I would like to ask to charge tenant at least a minimum $ amount I... View More

James L. Arrasmith
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answered on May 12, 2024

In California, if you and your spouse own a house together as community property, you both have equal rights and responsibilities regarding the property, even during the divorce process. This means that decisions about renting out a room should ideally be made jointly.

However, if you and...
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1 Answer | Asked in Identity Theft for California on
Q: How do I receive compensation for someone using my bank card for several years, without my knowledge?

For a while, I was using my step sisters address for mail while homeless. After finding a place to live, I applied & received a CA ID Card, & then also, CA DEPT of CHILD SUPPORT SERVICES, notice of payment I had received. When I called to inquire, I was told a payment was deposited on card... View More

James L. Arrasmith
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answered on May 12, 2024

In this situation, you should take the following steps to seek compensation for the unauthorized use of your bank card:

1. File a police report: Contact your local police department and report the theft of your child support payments. Provide them with all the relevant information,...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If The Appeals Department of San Diego Superior Court Grants My Writ Petition does that deem My Appeal a Moot point?

Yesterday, I received a letter in The mail which informed Me that I have until May 22, 2024 To Submit My Brief for My Appeal.From a Perspective of a Percentage, I have a 90% chance of failure for My Writ Petition being Granted. However, from another Perspective-The issues that I have raised in My... View More

James L. Arrasmith
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answered on May 12, 2024

If the Appeals Department of the San Diego Superior Court grants your writ petition, it does not necessarily deem your appeal moot. The outcome depends on the specific relief granted in the writ and how it relates to the issues raised in your appeal.

A writ petition is a separate legal...
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1 Answer | Asked in Business Law and Landlord - Tenant for California on
Q: in comercial lease in holdover is landlord must send certified leter

when my lease was finished i did not know about holdover and i was paying my rent until a six months they come and said you are i holdover and not even a letter saying that is that how it works

James L. Arrasmith
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answered on May 12, 2024

I understand your concern about being in a holdover situation without receiving proper notice from your landlord. Here are a few key points about holdover tenancies in commercial leases under California law:

1. Holdover tenancy: When a tenant remains in possession of the property after the...
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1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Q: I have a ssa administrative judge hearing soon and need to get copies of the ssi paper checks i was paid . What site ?

What site and how to get in it?

James L. Arrasmith
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answered on May 12, 2024

To obtain copies of your past SSI paper checks issued in California, you should contact the Social Security Administration (SSA) directly. Here's how you can request the information:

1. Visit the Social Security Administration website at https://www.ssa.gov/.

2. Click on the...
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1 Answer | Asked in Criminal Law for California on
Q: If a California inmate is hospitalized for 11 days can the MCRP add those 11 days back to his sentence?

The inmate had to have emergency 4-way bypass on his heart

James L. Arrasmith
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answered on May 12, 2024

In California, if an inmate requires hospitalization during their sentence, those days are typically counted as part of the sentence being served. This means that the days spent in the hospital are not usually added back to the sentence, as the inmate is still considered to be in custody while... View More

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: if a cop asks the passenger for id and psngr states its in the back of the van in a black jacket and cops asks to grab

it for me and i say yes its in the back in a black jacket and he goes straight to the front seat and finds something illegal is that consider illegal searching?

James L. Arrasmith
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answered on May 12, 2024

Based on the information provided, it seems the police officer may have conducted an illegal search. Here are a few key points to consider:

1. Passengers in a vehicle are not required to provide identification unless the officer has a reasonable suspicion that the passenger has committed a...
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1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: if a cop asks the passenger for id and psngr states its in the back of the van in a black jacket and cops asks to grab

it for me and i say yes its in the back in a black jacket and he goes straight to the front seat and finds something illegal is that consider illegal searching?

James L. Arrasmith
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answered on May 12, 2024

Based on the information provided, it seems the police officer may have conducted an illegal search. Here are a few key points to consider:

1. Passengers in a vehicle are not required to provide identification unless the officer has a reasonable suspicion that the passenger has committed a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How would you describe Standing in an Unlawful Detainer Lawsuit?

In a Case where there is a dispute as to Title of Ownership in an Unlawful Detainer Case- When The Landlord and Tenant are Litigating Title in an Independent Civil Action , and an Unlawful Detainer Action is Simultaneously pending between The 2 parties.Under CCP 526 an Injunction May issue.... View More

James L. Arrasmith
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answered on May 12, 2024

In California, when there is a dispute over the title of ownership in an unlawful detainer (eviction) case, and the landlord and tenant are simultaneously litigating the title issue in a separate civil action, the tenant may have a valid defense against the eviction.

Under California Code...
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1 Answer | Asked in Divorce and Family Law for California on
Q: How can I serve divorce papers to my STBX when I can't find anyone to ask as a server?

I am about to file a divorce but I cannot find anyone to rely on to be a server. However, we are both still living in the same household. Am I still allowed to have the paper served to her via mail?

James L. Arrasmith
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answered on May 12, 2024

In California, if you are unable to find someone to serve your spouse with divorce papers in person, you may be able to serve them by mail. This process is known as "Service by Mail with Notice and Acknowledgement of Receipt."

Here are the steps to serve your spouse by mail:...
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1 Answer | Asked in Family Law, Collections and Child Support for California on
Q: If I have a judgement for child support arrears, can I have the judgement debtor's 401(k) levied?

In my divorce my husband was awarded the marital home, but was ordered to pay child & spousal support. I now have an arrears judgment against him for 6 figures. I am trying to collect on the judgement. He has a 401(k) and two homes, one being in CA where I have my judgement, and another which... View More

James L. Arrasmith
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answered on May 11, 2024

In California, a 401(k) account can be levied to satisfy a judgment for child support arrears. However, there are specific procedures that must be followed, and the process can be complex. Here are a few points to consider:

1. ERISA protection: Most 401(k) plans are protected by the...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

James L. Arrasmith
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answered on May 11, 2024

I'm sorry to hear about your ear injury and the resulting hearing loss you've experienced. That must be very frustrating and distressing.

In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. So if the incident...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Small Claims for California on
Q: my ear popped 2 years ago due to loud noise while working for amazon

i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More

Ross A. Jurewitz
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Ross A. Jurewitz
answered on May 13, 2024

If Amazon is your employer and responsible for causing a dangerously loud noise that damaged your hearing, your remedy is exclusively through the workers' compensation system.

However, if some entity other than your employer or your co-employees caused the dangerously loud noise, you...
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1 Answer | Asked in Criminal Law and Employment Law for California on
Q: I have 3 misdemeanors from '82-'91, w/ two granted 1203.4 relief. Now a DOJ/LiveScan inquiry. What do I disclose?

All three were misdemeanors. I was never sentenced to jail. I successfully completed summary probation for each. Except for parking tickets and a beef with the Humane Society over cat licenses, I have had no contact with the criminal justice system since. A wife living in a nearby retirement... View More

James L. Arrasmith
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answered on May 11, 2024

In California, when a person is granted relief under Penal Code section 1203.4, the conviction is set aside and the case is dismissed. However, this does not completely erase the conviction from one's record for all purposes.

For the two misdemeanors where you were granted 1203.4...
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1 Answer | Asked in Gov & Administrative Law for California on
Q: Does a Tenancy In Common qualify as a common interest development pursuant to 2023 CA HSC, section 17973, Item (n)?

Per section 4100 of the Civil Code, a Common Interest Development includes, (a) A community apartment project which is further defined to include TICs.

James L. Arrasmith
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answered on May 11, 2024

You raise an interesting question about whether a Tenancy In Common (TIC) qualifies as a common interest development under the 2023 California Health and Safety Code (HSC), section 17973, item (n).

To provide a thorough response, let's first look at the relevant definitions and code...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: At what date a Motion is deemed to be Noticed?

At what date a Motion is deemed to be Noticed? Upon meet and confer?

James L. Arrasmith
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answered on May 11, 2024

In California, a motion is generally not deemed to be noticed upon the meet and confer. The noticing date typically refers to when the motion is officially filed and served on the opposing party.

According to the California Code of Civil Procedure and the California Rules of Court:...
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1 Answer | Asked in Personal Injury for California on
Q: Format of separate statement

Does separate statement filed concurrently with motion to compel further discovery responses have to have also memorandum of points and authorities?

James L. Arrasmith
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answered on May 11, 2024

In California, a separate statement is a required document that must be filed along with a motion to compel further discovery responses. The separate statement should identify the specific discovery requests and responses at issue, as well as the legal and factual basis for compelling further... View More

1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: Could you please let me know what kind of cogent evidences to file a harassment from a next door due to my ethnicity?
James L. Arrasmith
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answered on May 11, 2024

In California, harassment based on ethnicity is prohibited under the Fair Employment and Housing Act (FEHA) and the Ralph Civil Rights Act (Civil Code section 51.7). To file a harassment complaint against your neighbor, you should gather the following types of evidence:

1. Documentation of...
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