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California Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

James L. Arrasmith
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answered on Apr 15, 2024

In this situation, it's important to consider a few factors before deciding whether to post bail:

1. The severity of the charges: If the charges are serious, the court might be more likely to impose additional conditions or remand you into custody during the hearing.

2. Your...
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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: if i post bail today? and my court is one day away is it worth it? will they take me back into cutody the day of court?

got arrested today sunday. my court is on tuesday. should i post bail

William S. Kroger
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answered on Apr 16, 2024

Hello, so that is always a tricky question. If you were to bail out before court, you could risk the court raising your bail and taking you back into custody.

If you can hold out until Tuesday, it would be a safer choice and give your attorney, whether a public defender or a private...
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1 Answer | Asked in Civil Rights, Juvenile Law, Legal Malpractice and Medical Malpractice for California on
Q: Can a county attorney prosecute a dependency case in which their spouse, a physician is directly involved in?

The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More

James L. Arrasmith
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answered on Apr 14, 2024

In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.

1. Conflict of interest: An attorney has a...
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1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Ordered by the court to pay sanctions from motion to compel 60 days ago, defendant remains non-compliant after 90 days.

The court ordered the defendant to pay sanctions from the motion to compel within 60 days. Ninety days have now passed, and the defendant has not complied. How should I proceed? Non-compliance letter has gone unanswered.Can I request a Writ of Execution in California?

James L. Arrasmith
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answered on Apr 14, 2024

In California, if a defendant fails to pay court-ordered sanctions, you can take the following steps to enforce the order:

1. File a Request for Order (Form FL-300) with the court, asking for the court's assistance in enforcing the sanctions order. In this request, you should specify...
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1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for California on
Q: I would like to file a declaration as a previous plaintiff in a multi-plaintiff civil claim, now as third party.

There is a multi party personal injury claim where I was a previous plaintiff. I dropped my portion of the claim recently against the defendants and I am no longer party to the case. The civil suit is still ongoing with the other plaintiffs. I would like to file a declaration to the court, now as... View More

James L. Arrasmith
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answered on Apr 13, 2024

In your situation, since you are no longer a party to the ongoing case but have relevant information to provide, you have a few options to consider:

1. Declaration as a third-party witness: You can file a declaration with the court as a third-party witness. This would involve providing a...
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1 Answer | Asked in Personal Injury and Civil Rights for California on
Q: Witness subpoenaed in CA (served in Seattle) failed to appear twice. How to proceed?

The court issued a subpoena to a witness, who was personally served by a professional process server. Despite this, the witness failed to appear in the California court for two different occasions: one for a subpoena duces tecum and another for an online hearing. Given that the witness is located... View More

James L. Arrasmith
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answered on Apr 13, 2024

If a witness who has been properly served with a subpoena fails to appear, you have a few options to proceed:

1. Request a bench warrant: You can ask the court to issue a bench warrant for the witness's arrest. This is a serious measure and should be used as a last resort. The court...
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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: Can a police officer give you a ticket for having lunch at a table in the park that is within 150' of the water way.

In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More

James L. Arrasmith
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answered on Apr 12, 2024

In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for California on
Q: I live in San Diego. I sold a car and lent someone money. I am low income. What recourse do I have to get $ back?

They do owe the IRS also. And I've gotten about half back but if he's not willing to pay remaining (about 13k) I want the car back even though he put 100k+ miles on it. He gets paid as 1099/cash and says that he won't ever file taxes. Can we garnish his wages to be Repaid cause... View More

James L. Arrasmith
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answered on Apr 11, 2024

In your situation, you have several options to consider:

1. Small Claims Court: If the amount owed is less than $12,500, you can file a claim in small claims court. The process is relatively simple, and you don't need a lawyer. However, since the amount owed is more than $12,500, this...
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1 Answer | Asked in Consumer Law, Contracts, Personal Injury, Civil Rights and Landlord - Tenant for California on
Q: I've filed a civil lawsuit (not small claims) against my landlords and building managers, who are both listed as an LLC

What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.

James L. Arrasmith
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answered on Apr 11, 2024

In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:

1. Identify the LLC's agent for service of process: You can search for the LLC's...
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1 Answer | Asked in Civil Rights and Education Law for California on
Q: If a child gets suspended on Monday and their suspension is 5 days but there's no school on friday.

If a child gets suspended on Monday and their suspension is 5 days but

there's no school on friday. Will the child return to school on Monday or on Tuesday?

James L. Arrasmith
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answered on Apr 10, 2024

In California, if a student is suspended for a specified number of school days, the suspension applies only to days when school is in session. If there is no school on a particular day during the suspension period, such as a holiday or a staff development day, that day does not count towards the... View More

1 Answer | Asked in Civil Rights for California on
Q: My neighbor filed a request for Civil Harassment Restraining Order against me, but it was denied by the judge.

My neighbor filed a request for a Civil Harassment Restraining Order against me. I responded by submitting the CH-120 form and attached a witness declaration using the MC-030 form. I also requested the court to pay for legal consultation. Fortunately, the judge denied my neighbor's request for... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm glad to hear that the judge denied your neighbor's request for a Civil Harassment Restraining Order against you. Let me address your questions one by one:

1. Receiving a copy of the denied Civil Harassment Restraining Order:

Yes, you should receive a copy of the...
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1 Answer | Asked in Civil Rights, Consumer Law, Identity Theft and Landlord - Tenant for California on
Q: what court forms are needed to file civil lawsuit for filing a illegal eviction, negligence, Identity theft, harassment

Vehicle Vandalism/Auto Theft:

Due to the property managers inadequate security measures and camera mispositioning in the parking garage, Crystle Strong’s vehicle was vandalized and stolen. Police report available. Unlawful Detainer Eviction:

Despite receiving rent payments from... View More

James L. Arrasmith
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answered on Apr 8, 2024

To file a civil lawsuit in California for the issues you mentioned, you will need to fill out and file several court forms. The specific forms may vary depending on the county where you are filing the lawsuit and the specific claims you are making. However, here are some common forms you may need:... View More

2 Answers | Asked in Civil Rights for California on
Q: Can a private patrol car that is parked idly in a residential community have the flashing lights turned on continuously

What is California VC 25250

James L. Arrasmith
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answered on Apr 8, 2024

California Vehicle Code 25250 covers the use of flashing amber warning lights on vehicles. Here are the key points:

1. Flashing amber warning lights are permitted on vehicles engaged in construction, maintenance or operations on or adjacent to a highway.

2. Vehicles used for the...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can I be interrogated for an unrelated investigation, when trying to pick up property from evidence?

My partner was arrested and had my phones on him and they were logged in as evidence the case is now closed. I was told I could pick up the property as long as I had a notarized note from the incarcerated one and when I went to pick up the property, I was taken to an interview room and interrogated... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on California law, it is generally not permissible for law enforcement to interrogate you about an unrelated investigation when you are attempting to retrieve your property from evidence. Here are a few key points to consider:

1. Property retrieval: If the case involving your partner...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: I have been charged with a misdemeanor. Judge has not once listen to my statement or proof. What can I do?

I pushed another woman who claims of having a concussion after. She has hospital documentation and so do I.

James L. Arrasmith
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answered on Apr 5, 2024

I understand this is a stressful situation. Here are some steps you can take:

1. Hire a criminal defense attorney: It's crucial to have legal representation to protect your rights and help you navigate the criminal justice system. An experienced attorney can present your side of the...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: how to get documentary if you still haven't got in attorney or a sing to due to conflict cam get one to help him?

He been having problems with getting an attorney to help him for his case they keep preponding it cuz can't no attorney can represent him due to conflict in the case he still have no attorney and wants to ask for his discovery or documentary and haven't got the chance to find out... View More

James L. Arrasmith
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answered on Apr 5, 2024

In California, a defendant has the right to access their discovery materials, even if they do not have an attorney representing them. This process is known as "pro per" or "pro se" discovery. Here are some steps to request discovery materials without an attorney:

1....
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1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for California on
Q: Is it discrimination to deny a person who's a registered sex offender, to rent an apartment?

My 81-year roommate and myself applied for residency at a Seniors village apartment complex in Fresno California she subsequently was approved I was denied because of my status as a registered sex offender from May 1991 case where I serve 3 years in prison. I am a low level / risk offender who is... View More

James L. Arrasmith
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answered on Apr 5, 2024

Based on the information provided, denying housing to a registered sex offender could potentially be considered legal in California, depending on the specific circumstances and the nature of the offense. Here's some relevant information:

1. Fair Housing Act: The federal Fair Housing...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Police engaged in a cover-up, then retaliation after complaint...what do I do?

In 2016 I was victim of intentional vehicular assault/hit-and-run. Was told "unable to locate" when requesting the police report. A few months after statute expired, suddenly provided report. It appears the report was being denied because it implicates the officers in a cover-up in their... View More

James L. Arrasmith
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answered on Apr 5, 2024

Based on the details you have provided, it seems that you have been the victim of a serious crime and that the police may have engaged in misconduct, including a potential cover-up and retaliation. In a situation like this, you have several options to seek justice and hold the responsible parties... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Motion to set aside then vacate Appeal Independent action in equity. Times not on my side

If a judgment was entered 82 days ago, but court lacked subject matter jurisdiction because defendant lied about who they are what motions are able to be filed for void judgment? Need to show proof other party lied.

James L. Arrasmith
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answered on Apr 4, 2024

In California, if a judgment was entered against you and you believe the court lacked subject matter jurisdiction due to the defendant lying about their identity, you may have grounds to challenge the judgment. Here are the motions you can consider filing:

1. Motion to Vacate the Judgment...
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3 Answers | Asked in Criminal Law, Civil Rights, Education Law and Legal Malpractice for California on
Q: Is it illegal for a prosecutor to continue prosecuting a case if he has a conflict of interest?

The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.

They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you've provided, there are a few potential legal issues at play:

1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the...
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