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California Civil Rights Questions & Answers
Q: What does section one of the california constitution do? And does it have any legal binding

SECTION 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

(Sec. 1 added Nov. 5, 1974, by... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 15, 2021

The California constitution is binding on all people in the state, and provides the rights which are explained in this section. Anyone who interferes with your rights as set forth in this section may be held liable for damages which they cause you to suffer as a result of interfering with your use... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: El Dorado County seized my firearm and never contacted me about it and I am a legal gun owner what can I do

My firearm was confiscated in June of 2020 and I was not contacted about it and still have not been contacted it was found on my friends property I was selling it to his wife for protection against the Bears and Wildlife El Dorado County Sheriff's Department performed a illegal search and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

more info needed.

you need to make an appointment with a local criminal lawyer asap....I am in Palm Springs area

why have you waited a year?

there is a term in law......Laches.......which means if you sit on your rights you can lose them.

I would prepare a detailed...
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1 Answer | Asked in Civil Rights for California on
Q: hi does this office take cases for housing discrimination
Louis George Fazzi
Louis George Fazzi answered on Jun 11, 2021

This is not an office of any kind, just a place where you can ask questions for lawyers to answer.

If you need to make a housing discrimination claim, you need to go to the website for the California Department of Fair Employment and Housing (DFEH). Copy and paste this link in your browser:...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I was stopped for a infraction concerning riding a bicycle the wrong way on a sidewalk. Subsequently they patted me down

The reason given was because I was in a area know for drug activities and they wanted to make sure they were safe and free from any weapons I may be carrying. I was next to a motel 6 where I had a room at the time.

I am not on probation or parole and I have my 4th amendment rights. I was... Read more »

Joseph Abrams
Joseph Abrams answered on Jun 8, 2021

Although this appears to be a close issue, the short answer is that they probably had the right to search you. The reason is that pat down searches are generally legal when police stop or detain a suspect for there own safety. Here, it appears they had the right to detain you based on the observed... Read more »

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1 Answer | Asked in Civil Rights and Health Care Law for California on
Q: Does a legally disabled adult on a 5150 hold in California have the right to have a visitor?

Thank you for your reply. My son is a mentally disabled adult who was put on a 5150 hold for attempting suicide 2 days ago and placed in a general hospital while awaiting placement in a mental health facility. The hospital told me I can't have visitors due to Mental Health policy, but Mental... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 31, 2021

I think so. A person doesn't lose her/his civil rights by being placed on a W & I section 5150 hold. However, I'm sure the usual and customary visiting hours would apply, as would any reasonable restrictions on the person's right to receive visitors. Much more information is... Read more »

Q: Looking for proper care before I get vaccinated. Ca Governor acting in pure discrimination.

Politicians are not Drs. Not only that my job instability crippled my ability to hold down a proper dr. So far the medi-cal provided ones have not shown any investment with concerns on infertility and potential blood clots. How is his push to reward those that are vaccinated not a form of PURE... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2021

I am sorry but this does not appear to be a question but more of a rant.

I understand your concerns but vaccination has been held to be a lawful way for the government to attempt to control certain deadly medical conditions throughout the last decade. Exceptions exist for those with...
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1 Answer | Asked in Business Law, Civil Rights, Gov & Administrative Law and Internet Law for California on
Q: Can the president of an HOA prevent a board member from engaging residents on social media? Which law supports this?

I found some protections for members of legislative bodies in the Gov code (Chapter 9. Meetings [54952.2], but those pertain to public entities and our HOA is a private nonprofit corporation.... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 27, 2021

The 1st Amendment of the U.S. Constitution protects the freedom of speech. It is also protected by the California Constitution in Article 1, section 2 which states: "SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for California on
Q: I was denied medical attention by an police officer while on my way to jail. That ended with me being hospitalized.

Female officer insisted i get medical attention and refused to book me. I was taken to the hospital by the male officer. My ending result was I had a concusion from blunt force trauma to my head and bleeding inside. On call physician then told me a helicopter was going to fly me out to another... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 25, 2021

sorry, I need more info to understand this question.

what are the facts of your arrest?

was there an allegation you resisted and or fought back?

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Civil Rights for California on
Q: Hi I was arresteded by opd searched my car and took a lot of money from me I haven went to court yet I think my case dro
Dale S. Gribow
Dale S. Gribow answered on May 24, 2021

more info would be helpful as i don't understand the question.

if you are trying to find out if/how to get your property back, it should have been booked into evidence and should be returned to you.

you should consult with a local lawyer to look into it.

however, you...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My case is on appeal to the appellate court. If I lose can I appeal to the 9th circuit? Law is unconstitutional. .

Law is unconstitutional. Violates first amendment. Ca Penal code 302a

David  Vaughn
David Vaughn answered on May 15, 2021

It sounds like your case is on appeal to one of the California Courts of Appeal, which is the body that hears appeals from California Superior Courts (trial courts). The California Courts of Appeal are what is called an "intermediate court of appeal," because they are above the California... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Hello my name is Daniel I have cameras in my room Against my will and without my permission I am 31 years old

Yah my case is pretty heavy

I am not a bad guy

I need legal help

It doesn't feel good having cameras in my

And everything else that is being done to me

Joseph Abrams
Joseph Abrams answered on May 15, 2021

The facts here are very vague as to what is actually going on. Are you on some type of pretrial electronic monitoring? Although that would not involve cameras. Are you detained in an institution of some type? Which could very well include cameras. Try to be more specific as to your circumstances.

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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Dale S. Gribow
Dale S. Gribow answered on May 5, 2021

MUCH MORE INFO NEEDED.

IS 11/18 .......2018?

BECAUSE YOU HIRE A LAWYER DOESN'T MEAN YOU WILL GET OFF FROM THE CHARGES. A LAWYER FORCES THE DA TO MEET THEIR BURDEN OF PROOF. WHETHER THE CLIENT DID THE ACT OR NOT IS NOT THE ISSUE. IT IS WHETHER THERE IS ENOUGH EVIDENCE TO...
Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My case is on appeal to the appellate court. If I lose can I appeal to the 9th circuit? Law is unconstitutional. .

Law is unconstitutional. Violates first amendment. Ca Penal code 302a

Louis George Fazzi
Louis George Fazzi answered on Apr 30, 2021

If your case is on appeal to the California court of appeal, you cannot appeal to the 9th Circuit court of appeals. Appeals to the 9th Circuit must come from cases decided in the United States District Court. You should be discussing these issues with your own lawyer, that is, whoever is handling... Read more »

1 Answer | Asked in Civil Rights for California on
Q: Could you help me obtain who to contact about my settlement that I never received or notified about in the Class action

Lawsuit Cozzitorto vs AAA of Northern California. The trial took place in Contra Costa county, California

Louis George Fazzi
Louis George Fazzi answered on Apr 28, 2021

You should have submitted your claim prior to the deadline to do so in the class action lawsuit after the settlement was approved by the court. I was unable to find the Claims Administrator for you, but you may be able to contact the law firm which represented the plaintiffs. You can locate them by... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Who determines what are permissible affirmative defenses in the US? Do the courts decide or does the legislature do so?

More specifically, would it be unconstitutional for a law to be passed by a state government that creates a new affirmative defense for certain actions taken by a defendant that is subject to a civil lawsuit?

Dale S. Gribow
Dale S. Gribow answered on Apr 26, 2021

LAWS ARE MADE BY COURT DECISIONS AND BY LEGISLATION.

IF A COURT BUYS YOUR LEGAL ARGUMENT AND IT IS NOT APPEALED OR REVERSED, THEN IT WOULD BE A PRECEDENT TO ARGUE IN THE FUTURE.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: How can we know the law if there is not 1 case text that's the same? Do we have to have something already established?

Our Attorney did nothing but threaten and lie. He even kept fees for expert witnesses we didn't get. There is no previous case in history like this one. I've searched for 4 years. Not 1. Does there need to be a previous ? I'm trying hard to come up with Attorney fees but 1st... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2021

MORE INFO NEEDED.

IT SOUNDS LIKE A CRIMINAL MATTER AND MAYBE AN APPOINTMENT WITH A LOCAL CRIMINAL LAWYER TO DISCUSS YOUR OPTIONS WOULD BE A GOOD IDEA.

NEW LAW IS MADE BY JUDGE RULINGS AND THOSE POLITICIANS THAT REPRESENT US.

OFTEN A LAWYER HAS TO PAY EXPERTS BEFORE S/HE...
Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
Read more »

1 Answer | Asked in Civil Rights for California on
Q: An inspection warrant was served to me but a search was what I received, every cabinet etc. Direct me to the best lawyer

After reading laws on inspection warrant it seems most of the laws on that particular warrant were broken

Louis George Fazzi
Louis George Fazzi answered on Apr 21, 2021

You will need a lawyer with experience in municipal codes and the kind of administrative warrant which was served on you. And a good civil rights lawyer, preferably one who has some experience dealing with code enforcement at the local city and/or county level. These particular kinds of lawyers are... Read more »

1 Answer | Asked in Civil Rights, Communications Law, Domestic Violence and Libel & Slander for California on
Q: I'm being neural remote monitored I need a lawyer to sue them
Dale S. Gribow
Dale S. Gribow answered on Apr 18, 2021

more info needed to understand.

however, i do not do that sore of litigation.

that would be civil litigation, not criminal.

chances are you would only find a lawyer to do so on an hourly, not on a contingency

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can local police execute a warrant at my property for someone else on federal land

The person in question was arrested in different city he’s on paper being in two places at once, on paper they said he was detained at my residence but he was not

Louis George Fazzi
Louis George Fazzi answered on Apr 16, 2021

The local police can search your property for someone else if they have a reasonable suspicion to believe the person might be present there, if they have a warrant to do the search, and in some cases even without a warrant. It depends on all the circumstances.

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