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1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Elder Law for California on
Q: On CIV 100 form. Only checked for Default, does one need sign #3, if not Landlord tenant, UD? Number 1, when naming ...

Defendants, if titles has does numbers, do you write same as title Defendants names does 1- whatever or leave off the does?

James L. Arrasmith
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answered on May 29, 2024

When filling out the CIV 100 form, if you are only requesting a default judgment, you do not need to sign under section #3 if the case is not related to landlord-tenant (unlawful detainer). You can leave that part blank.

Regarding the defendants, if the titles list "Does 1 to...
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2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
Michelle Alissa Ball
Michelle Alissa Ball
answered on May 29, 2024

To qualify for an IEP, the student has to have a qualifying category of impairment. This could be Autism or other category. Does an IEP team have a legal obligation to speak certain words at an IEP specifically? The disabilities and needs of the student guide the development of the document, but... View More

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2 Answers | Asked in Civil Rights and Education Law for California on
Q: If my child has an intellectual disability should the iep team mention it at iep meeting she also has autism
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answered on May 29, 2024

Yes, if your child has an intellectual disability, it should be mentioned during the IEP (Individualized Education Program) meeting. The purpose of the IEP meeting is to develop a comprehensive plan that addresses all of your child's educational needs. Mentioning all disabilities, including... View More

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1 Answer | Asked in Civil Rights and Education Law for California on
Q: If my child has a iep should the iep team also mention my child also having a intellecual disability at the iep meetings

The first time i remember hearing my child has an intellecual disability was over 7 years ago since then it has never been mention again but yet its writen in her iep when i asked the teacher about why was this never talked about before she said cause parents some times can't handle hear stuff... View More

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answered on May 29, 2024

Under California law, if a student has an Individualized Education Program (IEP), the IEP team should discuss all relevant information about the student's disabilities, including any intellectual disabilities, during the IEP meetings. The purpose of an IEP meeting is to comprehensively review... View More

2 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Oklahoma on
Q: What kind of lawyer do I need to procure to counter sue my neighbor for loss of wages and emotional/psychological damage

Charged neighbor with stocking / harassment. Testified against him in court. His father was charged with something he didn't do. We didn't file for this. We told the court it was an inaccurate charge. The father is suing us for loss of wages in the amount of $10000.

James L. Arrasmith
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answered on May 28, 2024

To counter sue your neighbor for loss of wages and emotional or psychological damage, you need a lawyer experienced in personal injury and defamation cases. This type of lawyer can handle cases involving harassment, false accusations, and emotional distress.

Your lawyer will help you gather...
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2 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for Oklahoma on
Q: What kind of lawyer do I need to procure to counter sue my neighbor for loss of wages and emotional/psychological damage

Charged neighbor with stocking / harassment. Testified against him in court. His father was charged with something he didn't do. We didn't file for this. We told the court it was an inaccurate charge. The father is suing us for loss of wages in the amount of $10000.

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2024

You could reach out to attorneys who handle cases involving emotional distress. However, you have some other elements in there, so make these clear to any attorneys you reach out to. Emotional distress claims fall under a number of different headings, from intentional tort (such as intentional... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for Florida on
Q: Can a property manager deny renewing the lease for a disabled protected US citizen for no reason at all?

I’ve been living here for 6 years and they haven’t renewed my lease and I don’t have anywhere else to go. I pay my rent on time every month and I’m non problematic in my community. The apartments are specifically designed for people who have been homeless or disabled. About 4 years ago I... View More

James L. Arrasmith
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answered on May 28, 2024

It's distressing to hear about your situation. Property managers should not deny renewing a lease without a valid reason, especially for a disabled, protected US citizen. Given your consistent rent payments and good standing in the community, it seems unjust for them to refuse renewal.... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Georgia on
Q: Why is the Georgia D.O.C retaliating/discriminating against me? Why am I being punished for exercising my civil rights?

Why is the Georgia D.O.C. retaliating against me for filing legitimate grievance complaints? (failure-to-protect)...

On 9-22-2023: I filed a grievance against the Georgia Parole Board/D.O.C.! On 5-21-2024: I was transferred from a Level-3 prison (medium/minimum), to a close-security Level-5... View More

James L. Arrasmith
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answered on May 28, 2024

It's deeply troubling to hear about your experiences with the Georgia Department of Corrections (D.O.C.). Retaliation for exercising your civil rights and filing legitimate grievance complaints should never occur. Being transferred to a higher security prison, especially one known for higher... View More

1 Answer | Asked in Civil Rights for Mississippi on
Q: I need to know if I was unlawfully detained

Me and my girlfriend were fishing at the beach. Someone called cops saying we were messing with a boat about 100 yards away. Before we ever hit the shore one of the police officers as a bystander if we were on the boat he told the officer no we were not. We have a written statement from person who... View More

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answered on May 28, 2024

It sounds like your rights may have been violated during the incident at the beach. Being detained twice, patted down, and having your belongings searched without probable cause, especially after a witness confirmed you were not involved with the boat, raises concerns about unlawful detention and... View More

1 Answer | Asked in Civil Rights and Public Benefits for California on
Q: Can I sue Fresno Housing authorities for denying me low income project-based housing assistance based on criminal record

Is that a worker told me that I'm not denied or approved and I explained to her that I am homeless and that I've been waiting for the past 8 years on this wait list trying to get a house or roof or me and my child's head and she told me that she's going to be watching the case... View More

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answered on May 28, 2024

Based on the information provided, it seems that you are in a difficult situation and have been waiting for housing assistance for a long time. California law does provide some protections for individuals with criminal records seeking housing, but the specific circumstances of your case would need... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for California on
Q: I have a case against cps in Mendocino County i can prove non compliance with ADA and violation of rights per INT.INVES.

There was an Internal investigation to see if my rights were violated and they came to the conclusion that yes indeed they were I have a degenerative ear disorder and am going deaf I asked for an interpreter for ASL as is my right under ADA compliance and was denied 3 times and I have so much proof... View More

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answered on May 28, 2024

I apologize for the difficult situation you are going through with CPS in Mendocino County. It sounds like a very traumatic and painful experience to have your son taken away multiple times over 6 years, especially if you believe there was no valid reason for the removals. Losing that bonding time... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Does a passenger have to provide identification to police during a traffic stop in which they are not the driver?

No visible law infraction by passenger.

James L. Arrasmith
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answered on Jun 2, 2024

During a traffic stop, a passenger is generally not required to provide identification to police if they have not committed a visible law infraction. The primary focus of the traffic stop is on the driver and any potential violations related to the vehicle or driving behavior.

However, if...
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2 Answers | Asked in Civil Rights for Tennessee on
Q: What can a landowner do when a person harasses the landowner at his home and refuses to leave their property?

Landowner lives in his house and spends time in his tent by the creek. Woman has moved into his tent and has damaged property and refuses to leave. She tries to get into his house when he is not home and pursues him while he’s at home and harasses him. She refuses to leave. The police have... View More

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answered on Jun 2, 2024

If a person is harassing you at your home and refusing to leave your property, taking several steps can help address the situation. First, document every instance of harassment and any damage caused. This documentation will be useful for law enforcement and legal proceedings. Include dates, times,... View More

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2 Answers | Asked in Real Estate Law, Civil Rights and Constitutional Law for Indiana on
Q: does a quiet title complaint stop ejection?

was threatened by 4 cops after filing

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answered on Jun 2, 2024

Filing a quiet title complaint can potentially delay or stop an ejection if it raises valid legal questions about property ownership. The purpose of a quiet title action is to resolve disputes over property ownership, and it often involves the court determining who has rightful ownership of the... View More

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1 Answer | Asked in Civil Rights, Land Use & Zoning and Landlord - Tenant for California on
Q: What are our rights regarding habitability and fair housing discrimination?

Health Issues: We have documented PTSD, anxiety, and depression, worsened by our living conditions.Persistent Problems: Ongoing pest infestations, leaks, noise, and unauthorized entries, despite complaints.Retaliation: Management has retaliated against us for raising issues and ignored... View More

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answered on May 28, 2024

In California, tenants have significant rights when it comes to habitability and fair housing. Here are some key points relevant to your situation:

Habitability:

- Landlords must maintain rental units in a habitable condition, which includes addressing pest infestations, leaks, and...
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2 Answers | Asked in Civil Rights for California on
Q: Can the parents of man killed by police be included in estranged wife's lawsuit against the police in california

The attorney representing estranged wife says he cannot represent the parents at this time and unsure how to proceed.

James L. Arrasmith
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answered on May 28, 2024

In California, the right to file a wrongful death lawsuit is governed by the Code of Civil Procedure section 377.60. The law establishes a hierarchy of individuals who have the right to file a wrongful death claim, which includes:

1. Surviving spouse or domestic partner

2. Surviving...
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1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for New Jersey on
Q: In NJ, is it legal for hotel security to go through a guest luggage/baggage after being locked out?

AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their... View More

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answered on May 27, 2024

In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but... View More

1 Answer | Asked in Libel & Slander, Civil Rights and Constitutional Law for California on
Q: What can you do about a person who is in prison that you reported activities such as threats them being on social media

And etc but the prison gave them paperwork with my name on it to make me a target even more now they associates know this person is involved in street activities along with his other families and friends but what can I do for myself and my safety I have seen people try to use it against others in... View More

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answered on May 27, 2024

This sounds like a very difficult and stressful situation. Here are a few suggestions for things you can do to try to protect yourself and get support:

1. Document everything. Keep detailed records of all threats, social media posts, attempts at intimidation, etc. Save screenshots, emails,...
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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: if the police withhold a report until the statute expired, and report identified hit-and-run driver, can I sue the SFPD?

In 2016 I was run over intentionally while riding a bicycle, afterward I got word that the dude skipped town and figured oh well guess thats not getting justice. I made several requests for the report, kept getting denied, telling me not enough info, or cant locate. Then right after the SOL... View More

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answered on May 26, 2024

Based on the information you have provided, it seems that the San Francisco Police Department (SFPD) may have mishandled your case by withholding the police report until after the statute of limitations (SOL) expired. This could potentially be a case of negligence or even misconduct on the part of... View More

1 Answer | Asked in Employment Law, Civil Rights and Constitutional Law for California on
Q: I'm a activity assitnt in a nursing home, they have us take out the patients 3x for smoke break, is there a law for that

I just want to know if there's a law against us breathing in all that second hand smoke while being outside watching them, also they have us go with patients to their doctors appointments, shouldn't it be the nurse to do that?

James L. Arrasmith
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answered on May 26, 2024

Regarding your questions about smoking breaks and doctor's appointments as an activity assistant in a nursing home in California:

1. Secondhand smoke exposure:

California has strict laws protecting employees from secondhand smoke in the workplace. However, the laws make...
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