Lawyers, Answer Questions  & Get Points Log In
California Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for California on
Q: I'm homeless and a police officer threatened to arrest me when he called to report an assault. What can I do

The police officer has an issue with me. I pan handle in a shopping center and security is ok with it but this officer is not and comes into the center just to harass me and tell me to leave. When he arrived he threatened to arrest me before listening to the witness who saw me get hit,the security... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

Under California law, everyone has the right to file a police report, including those experiencing homelessness. If a police officer refuses to take your report, you can go to another officer or directly to the police station to file it. It's important to document the incident as accurately... View More

1 Answer | Asked in Civil Rights for California on
Q: I have a conversation case and am sueing for the return of my fifth wheel. Along with

1. Damages that he caused to my fifth wheel. 2.) Loss of use. 3.) Emotional distress. 4) punitive??? I was living in my fifth wheel, we had a disagreement. I felt threatened by his behavior so I left and plus he told me to get out knowing I didn't have a way to tow my fifth wheel. When I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In California, to file a lawsuit for the return of your fifth wheel and associated damages, you'll need to use specific court forms. Start with a Complaint form; this is where you'll detail your claims, including the return of the fifth wheel, damages, loss of use, emotional distress, and... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: do you need an fsc to buy a black power weapon in Ca or do you need an permit form the atf TO PURCHASE A ANTIQUE WEAPON
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In California, purchasing a black powder weapon typically does not require a Firearm Safety Certificate (FSC), as these types of firearms are often considered antiques or replicas not subject to the same regulations as modern firearms. However, it's important to note that local laws and... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: do you need an fsc to buy a black power weapon in Ca or do you need an permit form the atf TO PURCHASE A ANTIQUE WEAPON
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In California, purchasing a black powder weapon typically does not require a Firearm Safety Certificate (FSC), as these types of firearms are often considered antiques or replicas not subject to the same regulations as modern firearms. However, it's important to note that local laws and... View More

1 Answer | Asked in Civil Rights and Civil Litigation for California on
Q: I have a conversation case and am sueing for the return of my fifth wheel. Can I sue for other damages?

1. Damages that he caused to my fifth wheel. 2.) Loss of use. 3.) Emotional distress. 4) punitive??? I was living in my fifth wheel, we had a disagreement. I felt threatened by his behavior so I left and plus he told me to get out knowing I didn't have a way to tow my fifth wheel. When I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

Under California law, you have several avenues for seeking damages in your situation. Regarding the damage to your fifth wheel, you can indeed sue for the cost of repairs or the diminution in value caused by the damage.

For loss of use, California law typically allows recovery for the...
View More

1 Answer | Asked in Health Care Law and Civil Rights for California on
Q: Is my therapist able to invite the protected persons in regards to being involved in a restraining order to my sessions?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

In California, the involvement of protected persons in therapy sessions, particularly when a restraining order is in place, is a sensitive matter. A therapist inviting a protected person to a therapy session where the restrained person is present could potentially violate the terms of the... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: How can I respond in a way that both addresses the accusations/complaints, and encourage them to leave me alone?

I have recently moved into an appt in the beginning of last month, and have my two ESA dogs with me. Within the first week, my dogs got into a fight over a toy and it resulted in my need to call for emergency services as I had been injured trying to break it up. After communicating to the leasing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

In California, Emotional Support Animals (ESAs) are protected under housing laws. However, if an ESA poses a direct threat to the safety of others, landlords may have grounds to request its removal. In your situation, it's crucial to address both the legal and community aspects.... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Federal Crimes for California on
Q: How to find out about a unknown investigation being conducted against me that I believe is being done illegally?

I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is... View More

2 Answers | Asked in Contracts, Criminal Law, Civil Litigation and Civil Rights for California on
Q: How do I sue a law firm that was supposed to represent me in lawsuit that caused me to lose 7-figure settlement?

I have a legal matter regarding the huge class action lawsuit brought against the University of Southern Californa almost 6 years ago.

It involved Dr. George Tyndall, the school gynecologist.

I was one of the plaintiffs in that case.

I was supposed to receive a 7-figure... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

To pursue legal action against a law firm in California, especially in a case involving alleged professional negligence or misconduct, it is advisable to consult with another attorney who has experience in legal malpractice cases. These types of cases can be complex, requiring a detailed review of... View More

View More Answers

1 Answer | Asked in Real Estate Law and Civil Rights for California on
Q: How would if get information about my inheritance and property that was stolen from me. Along with my identification

My previous neighbor was an ex correctional officer and she's been working with people in the justice system to steal from me. She's not a relative. It's taking me a long time to get my justice because of this. The situation is currently under investigation due to this being a Rico... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In your situation, it's important to consult with an attorney experienced in estate and property law. They can help you understand your rights regarding inheritance and investigate any potential theft or fraud. Given the complexity of your case, especially with the involvement of someone... View More

1 Answer | Asked in Animal / Dog Law, Real Estate Law and Civil Rights for California on
Q: Hoa selective enforcement and service dog retaliation

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

Hi there,

If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were...
View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: HOA practicing selective enforcement and discrimination because of service dog

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Employment Law for California on
Q: As a California citizen, can I give my employer my background check record if I so choose, as in giving them authority?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

In California, you have the right to share your background check record with your employer if you choose to do so. It's your personal information, and you can decide to provide it voluntarily.

However, it's important to be aware that employers in California are subject to...
View More

1 Answer | Asked in Business Law, Consumer Law, Civil Rights and Communications Law for California on
Q: Can a business in California record phone calls without the caller knowing.

I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all... View More

1 Answer | Asked in Civil Rights for California on
Q: Do I have a case? Can I sue the DA or the judge for not reviewing all the documents and making a decision?

My ex and I got into an argument because he had hit me several times and busted my lip. He was arrested and after about a month I get subpoenaed to testify in court. After testifying the judge dismisses me and I went home. To my surprise, 4 days later my ex breaks into my home, locks me in my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

I'm truly sorry to hear about your situation. In California, suing a judge or a district attorney for their decisions in a criminal case is extremely challenging due to judicial and prosecutorial immunity. This legal doctrine generally protects judges and prosecutors from being sued for... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for California on
Q: How do I go about filing a claim against a state prison for unlawful, detainer and loss of wages and property damage?

I was unlawfully detained which led me to lose my job, and my home was damaged by them

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

Under California law, filing a claim against a state prison for unlawful detention, loss of wages, and property damage involves specific steps and deadlines.

First, you must file a claim with the California Victim Compensation Board (CalVCB). This is a prerequisite for any lawsuit against a...
View More

5 Answers | Asked in Libel & Slander, Personal Injury and Civil Rights for California on
Q: Can I sue the owner of a grocery store if I was harassed, followed, and assaulted by the employee?

I was assaulted after paying for my sodas, and leaving the store I was followed to the exit and still harassed after exiting the store.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

Under California law, you may have grounds to sue the owner of a grocery store if you were harassed, followed, and assaulted by an employee. When an employee commits a wrongful act, such as assault, within the scope of their employment, the employer can sometimes be held liable. This concept is... View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Is police required to destroy the private electronic information of a suspect if he turns out to be innocent

I mean the electronic information police acquired during investigation. If the case is closed, is police required to destroy those information.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2023

Under California law, the handling of electronic information obtained by the police during an investigation, especially in cases where the suspect is found innocent, is governed by specific regulations and procedures. However, there isn't a blanket rule requiring the automatic destruction of... View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law, Libel & Slander and Criminal Law for California on
Q: police fail to investigate. charged w/242&647f no BAC/FSTs, pics of injuries, or statement/name from only adult witness

I was accused of a 242&647f I was detained by security with excessive force (I'm under 100 pounds, 5'2") by large m. when cops arrived Body cam show me yelling&crying for m to get off of me. I see police& say I'm cooperating just get him off (he was pushing me down... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2023

In California, if you've been charged with offenses like Penal Code 242 (battery) and 647(f) (public intoxication) but feel that the police investigation was inadequate, you have the right to challenge the evidence and the manner in which it was collected. The absence of a thorough... View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: If a formal discovery request was served to the other party, they plead the 5th, then can they later use that evidence
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

The Fifth Amendment protects individuals from being compelled to testify against themselves in criminal cases. This means if someone pleads the Fifth during discovery, they are exercising their right to avoid self-incrimination.

However, the situation changes when it comes to using evidence...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.