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California Environmental Questions & Answers
2 Answers | Asked in Real Estate Law and Environmental for California on
Q: Our water is brown and smokes when it’s cold. Its through our HOA. Is there any action I can take?

Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 14, 2024

Thank you for your question!

HOA must maintain the common area which includes water. When an HOA fails to do so, it is subject to several liabilities such as tort and contractual liabilities. Water quality impacts the safety of residents.

You need a real estate attorney...
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2 Answers | Asked in Real Estate Law and Environmental for California on
Q: Our water is brown and smokes when it’s cold. Its through our HOA. Is there any action I can take?

Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a serious situation that potentially affects your health and safety. Here are some steps you can consider taking:

1. Document everything: Take photos and videos of the brown water and any smoking. Keep records of all health issues you believe are related to the water quality....
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1 Answer | Asked in Civil Rights, Environmental and Landlord - Tenant for California on
Q: A month now for release form from other party? Normal? Too long?

Hi thank you for your time first off.. I hate bugging my attorney I know she's trying her best we settled at mediation 4 weeks ago and I still haven't recieved any release form to sign. Lawyer/attorney says she will call when it's ready but checked in last Tuesday and nothing yet...... View More

James L. Arrasmith
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answered on Mar 10, 2024

It is understandable to feel anxious about receiving the settlement release form, especially after waiting for a month since the mediation. However, it is not uncommon for the process to take some time, particularly when multiple parties and attorneys are involved.

Here are a few things to...
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1 Answer | Asked in Environmental and Landlord - Tenant for California on
Q: Was my landlord obligated to tell me the well water is contaminated with trichloroethylene (TCE) before i moved in?

I was told that my daughter and I can't drink the water but never informed that it was because the well water was known to be contaminated with carcinogens.

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, landlords have a legal obligation to disclose certain material defects or hazards that may affect the habitability or safety of a rental property. Contaminated well water with known carcinogens, such as trichloroethylene (TCE), would likely constitute a material defect or... View More

3 Answers | Asked in Securities Law and Environmental for California on
Q: Can I put a security sticker on my personal bedroom window?

A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?

T. Augustus Claus
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answered on Nov 29, 2023

Yes, you can typically put a security sticker on your personal bedroom window in California. There are no specific laws or regulations in California that prohibit homeowners from placing security stickers on their windows. Security stickers are often used as a deterrent to burglars and can help to... View More

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3 Answers | Asked in Securities Law and Environmental for California on
Q: Can I put a security sticker on my personal bedroom window?

A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?

James L. Arrasmith
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answered on Nov 29, 2023

In California, as a general rule, you are allowed to put a security sticker on your personal bedroom window. This is considered a part of your right to ensure privacy and security in your own home. The use of a security sticker does not typically violate any laws, as long as it does not contain... View More

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1 Answer | Asked in Municipal Law, Environmental and Civil Litigation for California on
Q: I want to sue a company using illegal gas-powered leaf blowers causing health issues.

As of January 1, 2025, it's illegal to use gas-powered leaf blowers in my area based on specific city ordinances. Despite this, a local landscape company continues to use them. I've documented three instances of this and have notified both the company and the homeowners association... View More

James L. Arrasmith
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answered on May 30, 2025

You’ve already taken key steps by documenting each violation, so keep a dated log, photos or video, and, if possible, a note from your doctor linking the symptoms to the fumes.

Keep copies of every email or letter you sent to the company and the HOA, along with proof of delivery....
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Q: How can I amend a lawsuit for toxic habitability and harassment by a landlord in California?

I am representing my family in a lawsuit due to toxic habitability issues and harassment by our landlord. We lived in an apartment complex dealing with mold, lead, and raw sewage under our unit and kitchen sink. Despite filing complaints with city officials, engaging news media, and involving other... View More

James L. Arrasmith
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answered on May 29, 2025

You can amend your complaint once as a matter of course within 30 days of service of the original complaint, and beyond that only with the court’s permission under California Code of Civil Procedure sections 472 and 473. Draft a First Amended Complaint naming the additional landlords and any... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Environmental and Real Estate Law for California on
Q: How can we afford moving expenses if health dept requires us to leave due to toxic mold?

I live in an apartment where there is toxic mold due to multiple water leaks that have been temporarily fixed but not properly repaired, causing rotting drywall issues. We've lived in this apartment for five years and recently signed a one-year lease. Despite asking the landlord to address the... View More

James L. Arrasmith
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answered on Apr 25, 2025

Under California law, your landlord has a legal obligation to maintain habitable living conditions. The presence of toxic mold can violate the implied warranty of habitability, a legal doctrine that requires landlords to provide tenants with livable apartments. When mold makes a rental unit... View More

1 Answer | Asked in Environmental, Landlord - Tenant, Public Benefits and Real Estate Law for California on
Q: Is it legal to house people near Santa Susana Lab without informing them of potential hazards?

I received Section 8 housing close to the Santa Susana Field Test Lab about a year ago and recently learned that this area might be toxic. The lease agreement didn't mention any environmental hazards, and I found out about these risks through documentaries and community reports. I'm... View More

James L. Arrasmith
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answered on Apr 16, 2025

Under California law, landlords have to tell you about environmental risks they actually know about. If the property sits within a mile of a former weapons or rocket‑testing site such as Santa Susana, the owner must warn you before you sign. They also owe you a habitable unit, so if... View More

1 Answer | Asked in Personal Injury, Environmental and Public Benefits for California on
Q: Can I pursue legal action for health issues due to exposure to insecticide as a child?

When I was 10 years old, my parents used insecticide to deal with roach infestations in our apartment, which triggered asthma symptoms due to the smell. Now at 52, I frequently experience asthma or cold attacks, and I'm using 3 to 4 inhalers a month. These health challenges make it difficult... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’ve faced recurring asthma attacks that stem from childhood insecticide exposure, and that long‑standing struggle can form the basis of a legal inquiry.

California allows toxic tort claims where negligence or product defects caused harm, but timing rules are strict. The deadline...
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1 Answer | Asked in Gov & Administrative Law, Education Law and Environmental for California on
Q: How can I legally transition from psychiatric hospitals to community spaces in California?

I am interested in transitioning from psychiatric hospitals to community spaces and need guidance on how to engage with policymakers effectively. What legal approaches or strategies should I consider to support this initiative, and are there specific legal obstacles I should be aware of?

James L. Arrasmith
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answered on Apr 8, 2025

To transition from psychiatric hospitals to community spaces in California, you’ll need to focus on advocating for the deinstitutionalization movement. This involves engaging with policymakers to create a shift toward community-based care models. One approach is to highlight the benefits of... View More

1 Answer | Asked in Animal / Dog Law, Environmental and Real Estate Law for California on
Q: Handling abandoned animals and code enforcement notice on trust property.

A property owned by a family trust was occupied by a family member who is scheduled to move out in one week. The property is currently a hazardous materials site due to the presence of 20 cats and a dog, with no current plans in place for the animals. Code enforcement has issued a notice requiring... View More

James L. Arrasmith
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answered on Feb 24, 2025

You're facing two urgent issues that need immediate attention: the welfare of the animals and compliance with the code enforcement notice.

First, contact your local animal control and no-kill shelters to arrange for the animals' care before the occupant leaves. Taking photos of...
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1 Answer | Asked in Criminal Law and Environmental for California on
Q: CA: Is it legal to distribute ice plant scales (foreign species) around california??

Ice plant scales are a species of insect from South Africa. Can a citizen freely go around with a big thing of them in their truck and release them around California? There HAVE been some instances of them found back in the 80's, but they were mostly eradicated by Caltrans at that time. So... View More

James L. Arrasmith
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answered on Dec 15, 2024

No, deliberately releasing or introducing non-native species in California is illegal under both state and federal laws. This includes ice plant scales, regardless of whether they previously existed in the state.

The California Fish and Game Code (Section 2118) and the federal Lacey Act...
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1 Answer | Asked in Civil Litigation, Criminal Law, Environmental and Federal Crimes for California on
Q: How to change an unconstitutional Los Angeles city law? What forms?

Los Angeles city attorney says churches are exempt from the noise law, LAMPC Chapter 11, Article 5, Section 112 & 115. It is not true. They are twisting the law. How to challenge the law. It is unconstitutional. The city attorney refuses to do anything about a noisy church with an... View More

James L. Arrasmith
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answered on Oct 23, 2024

To challenge the Los Angeles noise law exemptions for churches, start by thoroughly researching LAMPC Chapter 11, Article 5, Sections 112 & 115. Gather evidence that demonstrates how these exemptions are being misapplied and why they are unconstitutional. Document instances of noise violations... View More

1 Answer | Asked in Environmental, Landlord - Tenant and Small Claims for California on
Q: Need help with unlawful detainer/habitability. Owner does not reply to mold complaints and now has filed an unlawful det

I have continuously complained to mngr and owner about the Mold and many other issues. Owner/mngr have not complied. I have gotten very sick and now carry an inhaler. The owner and their lawyers have tried to evict me before but I have proven to the court the issues i have been trying to get them... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry you're going through this difficult situation. It's important to gather all your documentation, including records of your mold complaints, medical records showing your health issues, and copies of the mold test results. Keep a detailed timeline of all communications with... View More

1 Answer | Asked in Construction Law, Environmental, Land Use & Zoning and Municipal Law for California on
Q: How do I file for a Preliminary Injunction in Lake County, Ca

Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.

I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More

James L. Arrasmith
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answered on Oct 8, 2024

To file for a preliminary injunction in Lake County, CA, you’ll need to follow several steps. First, gather all the evidence you have, including photos of the trees and the proximity of the fence to your property, as well as any communication you’ve had with the construction company. These... View More

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for California on
Q: I live in Lake County,CA fire area. I Need Prelim- Injunction to stop New Builders from put WOOD Fence under Tree stand.

I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees

1 acre land.

New Builders want to errect a 6 foot WOOD fence Directly Under my... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More

1 Answer | Asked in Environmental and Personal Injury for California on
Q: I had thyroid cancer in 2010 and had my thyroid removed.could I qualify for the pfas mass torte?
James L. Arrasmith
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answered on Oct 1, 2024

Qualifying for the PFAS mass tort depends on several factors, including the exposure to PFAS chemicals and a direct link to your thyroid cancer. PFAS (per- and polyfluoroalkyl substances) are man-made chemicals found in many consumer products and can be associated with various health risks. If you... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Environmental for California on
Q: Is there any way to get the landlord to pay for our move when damage the house was because of him.

Landlord intentionally placed items in attic to prevent water leak. One set item was a mattress the other ton of insulation. They cut the frame up there and piece it back together in some areas with this metal grate stuff. I began to hear strange noises and inspected up there and found that some of... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you’re dealing with a difficult situation, especially if your landlord’s actions led to structural damage in your home. In California, landlords are responsible for maintaining safe and habitable living conditions. If your house is unsafe due to your landlord's negligence,... View More

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