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California Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for California on
Q: Legallity of state law which contradicts another state law
Tim Akpinar
Tim Akpinar answered on May 25, 2020

There are choice of law provisions to deal with such situations. If you are talking about state laws from differing states, the situation you describe sometimes arises in federal cases based on diversity jurisdiction. Good luck

Tim Akpinar

2 Answers | Asked in Admiralty / Maritime, Civil Rights, Constitutional Law and Education Law for California on
Q: Is it illegal the shelter I live at just started requiring my personal belongings and persons be searched be4 allowed in

All of a sudden The shelter island that started requiring that all my belongings and my persons be searched by one of their security guards before entering the premises this is my legal residence address on my ID and I have to be searched before I come home that doesn't seem legal to me and... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 24, 2020

I don't think think so. You are a guest of the property owner, who can set whatever limits they want on those persons they allow to reside on their property. You say it is a shelter. So the owners apparently want to assure themselves that no guests can bring any kind of contraband onto their... Read more »

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1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Can News paper censor comment I posted on the news website

I commented on a article that was related to Covid-19 there were hundreds of defamatory comments about An individual who had his grocery’s taken for not wearing a mask .my comment was simply this.

I wrote “ask-yourself how many people you come into contact with on a Daily basis.... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 23, 2020

Newspapers regularly decide which letters to publish. Your comments are no different than a letter to the editor. They don't have to print every letter they get, and the same goes for the comments to their articles online. The editors always have the last say on what gets published, even in... Read more »

4 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: My sister urinated in store while paying for her groceries. Not allowed to use restroom.

Waited in line to enter store. Shopped. Needed to use restroom, but was denied access. Wrapped up her shopping because she needed to urinate. Begged employees to let her use facilities. Was advised to speak to a manager. No manager made themselves available. At check out, she begged cashier again... Read more »

William John Light
William John Light answered on May 11, 2020

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

There is no suggestion that your sister suffered from some medical condition that made here incontinent. However, even if that was the case, I doubt that she has a valid...
Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can I file a civil suit against the city for my losts after my criminal case was drop due to no evidence?
William M. Weinberg
William M. Weinberg answered on May 8, 2020

You can sue, but you’ll need good evidence that the arrest was wrongful and that you have documented injuries.

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2 Answers | Asked in Consumer Law, Civil Rights and Constitutional Law for California on
Q: Can a store deny me service for not being able to buy mask

I sent to my local 99 cent store to purchase battery and they had there security gaurd stop me from entering the store without a mask they said I could not enter and they will refuse service and that it was the law

Daniel Timothy LeBel
Daniel Timothy LeBel answered on May 8, 2020

The security guard was correct. It would be a violation of the law for the store to allow you to enter. Under current state and local county orders concerning the COVID-19 pandemic all patrons of grocery or other retail stores are required to wear masks for their own safety, for the safety of other... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: How should I present kicking in selfdefense after a neighbor got in my face hit me,chased me &was granted tempR.O?

My drunk neighbor on informal probation for a dui, got in my face for “slamming my door, punched me in my face while my hands were behind me, and then pulled away from me, falls down and gets up pursuing me around my car, so I kicked her one time and she and her multi felon boyfriend attacked me... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 6, 2020

Order a copy of the security tape and take that to court with you when you have your hearing. File a response to the charge and state your side of the story, and stick to just what happened without embellishing anything or doing any name calling etc. Just be factual. Take the copy of the security... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Can I sue a police officer and the court of Santa Maria for a case related to defamation of character?

2 months ago I got a letter from my car insurance company stating that they needed a copy of my driver license. I called the insurance and they inform me that they pull up my driver record and it shows that my driver license was suspended. Afterwards, I called the DMV and they say the license was... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 6, 2020

more info needed

i would encourage you to contact a local attorney who is familiar with DMV and Criminal matters.

if you are right you will prevail.

i think the court would probably be protected........and depending on the facts , the officer too.

make an appt with a lawyer.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: I would like to know if CA citizens can file a class action against Pelosi, Newsome, Schiff and Schumer?

The citizens of CA have had enough of the disregard for our health, safety and emotional well-being at the hands of those who are supposed to represent it's citizens LEGALLY, upholding the USA Constitution and Constitution of CA which they are not. We the people residing in CA are fearful... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 21, 2020

No.

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: What California health and safety codes authorizes social distancing and stay at home order?
Louis George Fazzi
Louis George Fazzi answered on Apr 17, 2020

The United States Constitution, as well as the California Constitution, provide all the authority necessary for both the Federal and State Governments to implement urgent policies in the event of a worldwide pandemic.

The President issued a National Emergency notice on or about March 13,...
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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Small Claims for California on
Q: Can I take action if Walmart store let my 13 year old brother purchased a fishing knife w asking for an ID?
William John Light
William John Light answered on Apr 15, 2020

There is no age limit to purchasing a knife, nor a requirement to ask for ID, to my knowledge.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: part time El Dorado county resident, have tested negative for COVID-19, county prohibits me visiting property.

The county health official issued a blanket order that prohibits me from enjoying my property even though I have tested negative. Additionally the order only applies to certain owners who live in the south Lake Tahoe area part time. Others are allowed to stay. Since I have tested negative for the... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 10, 2020

Well good luck with that. The courts are all closed for the 60 day period from March 23, 2020, with nothing but emergency criminal matters being heard right now.

Everyone's property rights are taking a back seat to the health and welfare of all. You have no valid reason for breaking...
Read more »

Q: Need a civil rights atty who can deal with police misconduct, in multiple counties but also at the Federal level. ASAP

First me then my son have been gangstalk by multiple police in different countries my son went to jail never charged now my son was killed by them but by them making another person do it. They tried to get me. When they couldn't they went after my son. One cop told me it would happen. I told... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 10, 2020

you are on a PI site and I do not handle that specialized area of law.

i would suggest you write out a detailed summary of the facts

1 Answer | Asked in Civil Rights, Constitutional Law and Medical Malpractice for California on
Q: Is there a lawyer willing to contest the veracity of the false claims that are trampling our 1st ammendment rights?

Looking for a probono lawyer willing to research and contest the fact that covid 19 is not contagious (there is proof) ... and even if it were, the numbers are unwarranted for this illegal quarantine, and that we are all being unlawfully detained and deprived of our first ammendment rights.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 8, 2020

There is no chance at all. This is a public hazard to health and welfare of all people. The state has the duty to comply with the national emergency, and all people residing in the State of California are obligated to comply with the orders which have lawfully been given.

My research of the...
Read more »

1 Answer | Asked in Constitutional Law and Landlord - Tenant for California on
Q: CA Governors powers under the Covid 19 emergency

The State of CA under the Covid 19 emergency has told tenants, broadly, that they do not have to pay rent to their landlords for up to 90 days. This, in spite of the fact that a legal contract exists between tenant and landlord. Can this be considered a "seizure" without due process under... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 6, 2020

It is not a seizure because the government isn't taking anything. A pandemic singularly triggers emergency government powers to become effective that would otherwise lay dormant. Further the state is not tearing up a contract. The tenant is breaching the contract by not paying rent, and you... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Small Claims for California on
Q: i have been staying at this hotel in cali for 2 months same room never checked due to coronavirus I cant pay

becuase i cant work on the 22 I was told I owe 250 in which the manager wouldn't give me my receipts because I would get lawyer then the police were called to remove me I told them what happened they said to be out by the next day and left thats when the hotel manager said she was wrong I owed... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 29, 2020

I can't even make out what your question is. You can't go anywhere due to the coronavirus restrictions, so just stay where you are. The hotel will get paid eventually by the government, so there's no reason to worry about anything.

Always be polite with the police. And try to...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: What to do in a civil court case concerned a cat we considered a stray/neglected?
Tim Akpinar
Tim Akpinar answered on Mar 27, 2020

There's a section here for Animal/Dog Law. If you wanted to try reposting there (there's no guarantee that all posts receive responses), you might have better chances of your question being seen by someone knowledgeable in this area. Good luck

Tim Akpinar

Q: How can I prove I am being harassed by the city

Code enforcement is harassing me. Now they are targetting my neighbor for helping me

Louis George Fazzi
Louis George Fazzi answered on Mar 10, 2020

You need a lawyer who knows how to protect your civil rights. Code enforcement harassment can result in liens against your property which then drive up your mortgage payments and can put you in danger of losing your home if you can't afford the new payments your mortgage company can force on... Read more »

Q: Can a federal law enforcement officer swear to the personal knowledge and observations of another lawenforcement officer

Meaning would this be in violation of the federal rules of evidence rule 803 (8)(c)? Note that I'm speaking of a written affidavit as the basis for probable cause to file a complaint in a district court for purposes of a later INDICTMENT. Is this legal?

Tim Akpinar
Tim Akpinar answered on Feb 21, 2020

If this did not involve a marine incident resulting in vessel boarding by U.S. Coast Guard and Department of Justice personnel following a grounding, cargo spill, fuel oil spill, allision, injury, or other marine casualty requiring completion of a form CG-2692 for incident reporting or drug testing... Read more »

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