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California Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: DA left jurors with witness that left instant negative afterthoughts towards the defendant . Tainted their thoughts

3 different jurors fell asleep at three different times. This case was found guilty be the jurors how dare they fall asleep knowing this defendant was fighting for his life.

Dale S. Gribow
Dale S. Gribow answered on Oct 16, 2019

more info needed.

have you been convicted?

questions like this should be asked of your private or court appointed lawyer.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Small Claims for California on
Q: Change of venue in unlawful Detainer case by defendant from superior court of Alameda to federal court.

Plaintiff received federal funds allocated by a nonprofit entity operating with in California. Plaintiff has a history of substantial filings of unlawful detainers since the 1980 in Alameda County. Defendant is a 100% service-Connected disabled Operation Iraqi Freedom Army Veteran who has been... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2019

Simply put, the Federal courts have original jurisdiction in cases and controversies which raise either a federal question, or in civil cases where the parties reside in different states and the amount in controversy exceeds $75,000. A typical unlawful detainer case is between landlord and tenant... Read more »

1 Answer | Asked in Adoption, Animal / Dog Law and Constitutional Law for California on
Q: How can I get my Emotional Support Animal back?

I was released from jail after serving two months for a warrant out of San Francisco county. Animal Care and Control released my do to a rescue shelter but they won't tell me where exactly she is located. What can I do in order to get her back home?

William John Light
William John Light answered on Oct 13, 2019

You can't. Your dog is gone. You should have arranged for someone to take care of her while you were in jail.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: If I have hours of evidence of my neighbors communicating about targeting me out, what actions can I take against them?

If I have many hours of my neighbors communicating with their community engagement/social justice project about targeting me out and basically torturing me to death, what legal action can I take?

Gary Kollin
Gary Kollin answered on Oct 11, 2019

Take them to the police

1 Answer | Asked in Constitutional Law for California on
Q: In California, is it legal to take coins out of public fountains?

It's technically picking up dropped change, isn't it? (i.e. taking coins from the fountains in malls, shopping squares, or parks)

Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

Don't do it. A court is not likely to see it the same as dropped change.

Tim Akpinar

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

Paul Martin Vargas
Paul Martin Vargas answered on Oct 8, 2019

Hi. There is the 20-year SOL, but you may have a better way of approaching this matter. If the collection was on an incorrect use of her SSN (Identity Theft), there are ways to prove this to be true and possibly get the money returned.

2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 5, 2019

The SoL is twenty years.

You have to challenge it.

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2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: How long would the BOE have to file a levy on an irrevocable trust

The BOE wrongfully linked my deceased mother's SS# to a sales tax matter. over a year after her death they levied the trust account left to me. Is this legal?

David S. Greenberg
David S. Greenberg answered on Oct 4, 2019

The facts as you've described them are quite unusual and an answer to your inquiry would require an investigation and analysis by a skilled attorney with experience in dealing with the BOE, which is now the CDTFA.

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1 Answer | Asked in Adoption, Civil Rights and Constitutional Law for California on
Q: I'm moving out of my mom's house she usually has my kaiser card and other cards that are in my name does she have to

Give me any cards that have my name on it like medical card or californa state card when I move what do i do if she doesn't want to give it to me

Louis George Fazzi
Louis George Fazzi answered on Sep 21, 2019

There is too much information missing to answer you. How old are you? If you are at least 18 years old, you should be able to get your drivers license or California ID yourself. You can contact Kaiser directly to have your card issued to you if you are still eligible to be insured under your... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Can a substance abuse treatment facility deny me freedom of religion?

I attempted to enroll into a substance abuse treatment facility and was denied denied the right to have Cedar and Sage with me at facility to pray with. I am a Latino and Native American Lipan Apache Indian I send my prayers to the Creator and the smoke from the sage carries them. the director said... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 10, 2019

Look for a different treatment facility which will accommodate you religious beliefs.

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Was gifted a car all paperwork was completed fees etc. needed smog so it was incomplete. Was parked and police were

going to tow but I ran outside, showed all the paperwork including temporary moving passes from DMV but she had it towed anyway. I couldn't afford to pay they sold at lien and now are charging me $2661 I only had the car 13 days when this happened. Isn't there anything I can do? Isn't that against... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 5, 2019

I have numerous questions to ask and have answered before I could give you some reasonable advice on this question. I suggest you contact an attorney with experience in handling civil rights matters to help you through your problem. You can contact the Western San Bernardino County Bar Association... Read more »

5 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Constitutional Law for California on
Q: I had a check returned and the small business is threatening to put my wife's and my picture on the wall. can i Sue?

i have txt message saying if you dont pay i will put pictures on wall of you.

can i sue for defamation why is he posting my wifes picture and also mine.

Gary Kollin
Gary Kollin answered on Sep 5, 2019

Sue for what? Slander?

Truth is an absolute defense

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for California on
Q: I want to know if i go get my kids from my x sister iñ law she has temporary custody of them. Due 2 the fact they were

Removed from him. His house was raided 4 drugs & drugs were found with both my girls being there my 15 yr old & my 12 yr old who has down sydrome. The NTF notified cps they came did a emergency removal never notified me about it. My girls were taken 2 get druged tested cps didnt all9w me 2 go... Read more »

Karen S. Socher
Karen S. Socher answered on Sep 3, 2019

Often CPS and the courts ask the parents to do things like drug test and attend classes to make sure the parent is committed to ensuring the children's safety and well being. Often success requires cooperating with CPS and showing them that you are all about the kids.

1 Answer | Asked in Constitutional Law, Criminal Law and Election Law for California on
Q: What would the corrective be to all the actions resulting from a presidency gained through fraudulent means?

If Trump is found to have gained the presidency as a result of welcoming the help of Russian active measures, the release of stolen DNC documents, breaking campaign finance law, in essence defrauding voters, making him an illegitimate president -- wouldn’t that also make the VP, the First Lady,... Read more »

Gary Kollin
Gary Kollin answered on Aug 22, 2019

Those are political questions, not legal questions

2 Answers | Asked in Criminal Law and Constitutional Law for California on
Q: Please help, I have a urgent question.

If you are in someone's apartment whom that individual is on probation and the police come to harass and search his place. And they bring a lab technician with them. Can the legally force me to submit to a blood test being that I'm not on probation or parole?

Mark Broughton
Mark Broughton answered on Aug 21, 2019

No, unless there is independent probable cause to believe that you are involved in criminal activity. Even then, you would have to be under arrest and/or give consent, or the officers obtain a warrant based upon probable cause to draw your blood.

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1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Through documented police and prosecutors (State and Federal) misconduct I spend 10.5 years in a Pretrial incarceration

Do I file a civil complaint against the police officer, the Deputy District Attorney, the DA's office the Federal prosecutor, the US Justice department or all the above? Violations of my civil rights were confirmed by a US District judge in the criminal phase of my case. At the end all (State and... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 21, 2019

You need to find a really good civil rights lawyer right away. If the case is a righteous one, most good civil rights firms should be interested. I'm not familiar with good civil rights lawyers in the Fresno area, so I suggest that you contact the Fresno County Bar Association and ask for their... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for California on
Q: does an inmate in prison have the right to remain silent and refuse to answer questions when interrogated?

Not really, it is just a scenario for research.

William Jaksa
William Jaksa answered on Aug 9, 2019

Every person has the right to remain silent when accused of a crime. There are some very limited exceptions that I can think of that involve military personnel and those in a sensitive national security position; but generally speaking, a person always has the right to remain silent, even while in... Read more »

Q: Is there a lawyer that can help with age discrimination in the workplace?
Neil Pedersen
Neil Pedersen answered on Aug 4, 2019

I am sure there is. Unfortunately this Q&A site is not the place to ask for an attorney to work for you. Rather you need to identify one or more attorneys who practice employment litigation and discuss your matter with them to see if they are willing to work on your case. I would suggest you... Read more »

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