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California Gov & Administrative Law Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Collections and Gov & Administrative Law for California on
Q: what form is appropriate for use in a child support case to express the undisclosed conflict of interest

my children's mother has a new child with the relative of a judge believed to be in the family law division.

Mike Darlington
Mike Darlington answered on Dec 25, 2019

Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.

If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might...
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1 Answer | Asked in Gov & Administrative Law, Government Contracts and Municipal Law for California on
Q: Who does make sure cities in a state ( California) comply with state laws?
Michael Doland
Michael Doland answered on Dec 24, 2019

Your question is too vague to permit any analysis. What laws?

Q: Does what the attorney general said recently count as a general threat to public safety and if so can anything be done?

Bar said something along the lines of that people who don’t “support and respect” the cops “might find themselves without the police protection they need.” This was all framed in a context of political decent.

For our attorney general to say that feels like a threat especially... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

What the Attorney General said was both inappropriate and highly improper, in my opinion. What you can do is make your voice heard in the ballot box next November at the next presidential election by choosing a candidate who will not keep this particular attorney general in his position. The only... Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: The attorney stated that I plead guilty. But I did not plead guilty .

California Penal Code section 15 says that unless 1. Death or 2. Imprisonment or 3. Fine or 4. Removal from Office or 5. Disqualification to hold office is annexed upon conviction, there is no felony of misdemeanor.

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Dec 3, 2019

Your question does not make sense and you've indicated that you're represented by an attorney so no other lawyers can ethically provide legal advice absent your legal counsel's authorization/presence. Talk to your attorney and get him to provide answers in writing if you feel you're not being fully... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for California on
Q: In the state of CA are immediate family members allowed to work for the same police force and day?
Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

not sure it would be so much of a law, but rather a policy issue of a county.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Public Benefits for California on
Q: Hi, EDD has assessed an overpayment and sent me Notice of Overpayment. Will they press criminal charges against me?

Will they charge me with fraud if I agree to pay the overpayment?

Neil Pedersen
Neil Pedersen answered on Oct 30, 2019

It is not likely that criminal charges would be brought if you agree to repay the money. Nonetheless, because criminal charges are possible it would be wise to consult with a criminal defense attorney before approaching the EDD. Good luck to you.

1 Answer | Asked in Gov & Administrative Law for California on
Q: If I am 17 and have a boyfriend who is 19, is it illegal for us to date in the state of California?
Louis George Fazzi
Louis George Fazzi answered on Oct 29, 2019

It is not illegal to date just because you are under 18. However, if you and your boyfriend have a sexual relationship, he could be charged with statutory rape because you are under the age of consent. The law says a female under the age of 18 is incapable of consenting to sex, so be safe and... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for California on
Q: All jurors awaiting in the front of courtroom. District Attorneys witnesses were there as well. Witnesses kept making

Loud negative insulting statements about the case, the DA was there during these outbursts then she went inside court while these comments intimidated anyone in their presents others (witnesse's friend) came to speak to these witnesses about the case also.

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

more info needed

discuss this with your lawyer who has all the facts.........it may be grounds for a Mistrial?

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1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Can the Labor Commissioner indefinitely delay issuing Berman Hearing decisions? It’s over 90 days since the hearing.
Neil Pedersen
Neil Pedersen answered on Oct 3, 2019

Indefinitely, no. Can it delay it for a long time? Yes. This is a government entity that is overworked and understaffed. Patience is going to be required to get through this process. Good luck to you.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Is it better to petition for my marijuana conviction to be dropped before trying to get my wobbler reduced? Or together?

I figure I should get the marijuana conviction dropped before asking to have the felony I was on probation for reduced; but is it possible to do them at the same time? I don’t live in the same town and I already drove there to pay off fines and get paperwork.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 26, 2019

You can file the forms for the reduction and dismissal of the a marijuana conviction and a felony in another case (if I understand you) before or

at the same time, (it doesn't matter)- but you would use two different forms. The marijuana is a Petition under 11361.8 H&S, (Judicial Counsel...
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2 Answers | Asked in Car Accidents, Gov & Administrative Law and Personal Injury for California on
Q: Can I file a claim with the state?

I was in an accident. A disabled car was in the fast lane with no lights, no hazards, or flares and I hit the car going 65mph. The disabled car was in an accident earlier that day and was reported to highway patrol but was never towed out of the fast lane. My question is, who is responsible?

William John Light
William John Light answered on Aug 29, 2019

The state is not responsible. The owner of the car and the driver are responsible. Potentially the person who performed maintenance on the vehicle is that is the reason it was disabled. If none of that proves fruitful, I hope you carried UM insurance. Contact a PI attorney to discuss your... Read more »

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Q: how do i appeal the state hearing division decision for a rehearing?

In Dec., 2018 i filed a request for hearing on food stamp benefits that were issued to me from 2007-2013 on a EBT card that i never had. Their paperwork confirms my first EBT card was issued in 2014. Their Case Comment Summary from my workers also confirms that no NOA was ever mailed to me through... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 27, 2019

You should contact the San Mateo County Bar Association and request a referral to a lawyer who can help you with this issue. Make sure you keep all the evidence you have and take it to a lawyer to see if s/he can be of any assistance to you. I advise you to prepare a chronological story of what... Read more »

4 Answers | Asked in Bankruptcy, Gov & Administrative Law, Sexual Harassment and Identity Theft for California on
Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine.... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Aug 7, 2019

I'm sorry for your circumstances which sound stressful and frustrating, you are certainly not alone.

You could spend a lot of time energy and money obtaining a judgment and trying to collect the judgment from someone without succeeding.

You might be eligible for a bankruptcy...
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1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: DA says dont know what happend but we lost your case ? victim of violent crime sue for failure due process on DA?

dept of consumer affairs and Board of dentistry investigated an man for unlicensed unauth. practice of dentistry since they only enforce Licencees they turned it over to San mateos DA office for criminal prosecution...... they had enough evidence, expert testimony, victim, text messages and ect.... Read more »

William John Light
William John Light answered on Jul 29, 2019

The Dept of Consumer Affairs and Board of Dentistry have no obligation to refer a case for criminal prosecution or to advise you of the statute of limitations for a civil case. Speak to some attorneys about your case to confirm that the statute of limitations has, n fact, run.

1 Answer | Asked in Civil Rights, Environmental and Gov & Administrative Law for California on
Q: Stop code enforcement from hitting returnees with violations with hefty fines in paradise, CA. can anything be done?

Some of us are starting to receive violation notices from the city of paradise for code violations that are 2 months old along with the hefty fines for each. We were told that we would fall under a disaster ordinance upon return and I believe for up to 18 months. Now it is said only 180 days. the... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 26, 2019

TIME IS OF THE ESSENCE

You need to get familiar with the City's Municipal Code right away. You and the others like you should appeal every citation you get. Get yourselves a good civil rights lawyer who can represent you in every citation case.

Find yourself a good lawyer who has...
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Q: Type of attorney for harmful rx practices of 2 doctors, severe brain injuries by hospitals refusal to care

Permanently disabled prior to incidentd. Severe losses. Cause involves 1 of 2 drs already prosecuted by state of CA medical board, san diego hospital refusal to care, sheriff refusal to report . kidnapped from ER taken by ambulatory delivery to a border naval hospital, refused to treat acute... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 14, 2019

More info needed.

for negligence by a doctor or medical providers you would want a med mal atty

1 Answer | Asked in Gov & Administrative Law for California on
Q: How many days do they have to do the actual autopsy after death? Shouldn’t it be done at least 48 hours after death?
William John Light
William John Light answered on Jun 9, 2019

Depends. The body might not even be in the coroner's custody withing 48 hours of death.

For an infant, autopsies are supposed to be completed in 24 hours. Government Code § 27491.41.

For all deaths, if the coroner is informed that a a certificate of religious belief was signed...
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2 Answers | Asked in Gov & Administrative Law for California on
Q: How does this case relate to the recent court case Gamble v. United States?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on May 24, 2019

What case...? The question is incomplete and, therefore, unanswerable.

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1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for California on
Q: Falsely accusation by a co-worker. My Manager and that co-worker are best friend.

I received a falsely accused complaint from a co-worker for pushing and hitting her. The accusation in fact comes right after another co-worker complaint about her best friend (aka her direct supervisor and my supervisor) because the supervisor gave her work to the lower level employee. I belong to... Read more »

Neil Pedersen
Neil Pedersen answered on May 15, 2019

You need to speak to your union representative right away. These kinds of interpersonal conflicts are very difficult to prevail in given the politics involved and the fact that so many things are subject to interpretation. If the union does not provide you with the assistance you need, you should... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Elder Law and Gov & Administrative Law for California on
Q: Can I be deprived of personal items in a car impounded by police if I am not the registered owner?

I rent a car from an individual. The car was impounded by the Sherriff and I can't get in touch with the owner. I am being denied my personal property: cell phone, passport, work items, and clothes and food even though I can prove ownership of the items. I'm severely affected by not having my... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 7, 2019

more info needed.

obviously you try to get them back in a nice way........if that doesn't work maybe contact politicians.

you may have to retain a lawyer to move the court for the return of your items

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