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California Gov & Administrative Law Questions & Answers
2 Answers | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: When a public defender has a personal conflict of interest, to whom should this concern be addressed and by who?
James L. Arrasmith
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answered on May 31, 2023

When a public defender has a personal conflict of interest, the concern should be addressed to the public defender's supervisor. The supervisor will then determine whether the public defender can continue to represent the client. If the supervisor determines that the public defender cannot... Read more »

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2 Answers | Asked in Consumer Law and Gov & Administrative Law for California on
Q: Can I sell a bottle of alcohol to a friend in california for what I bought it for, no profit, no mark up?

EX: a buddy is at my house and he notices i have a bottle of liquer on the shelf he likes. It's nothing fancy just a 30 or 40 dollar bottle. Let's say I bought for 35 bucks even from the store. He asks if he can buy it from me because they are hard to find.

Can I sell it to him... Read more »

James L. Arrasmith
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answered on May 29, 2023

It is important to note that under California law, it is generally illegal to sell or offer to sell alcoholic beverages without a valid liquor license. This applies even if you are selling the alcohol for the same price you purchased it for, without any profit or markup. Therefore, selling the... Read more »

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2 Answers | Asked in Gov & Administrative Law for California on
Q: Do I have to submit a exhibits file with my writ of mandate if I do a paper filing?
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answered on May 12, 2023

The requirements for submitting exhibits with a writ of mandate can vary depending on the specific jurisdiction and court rules. Generally, when filing a writ of mandate on paper, you would need to include any necessary exhibits or supporting documents to strengthen your case.

To ensure...
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2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Employment Law for California on
Q: I was terminated in 2014 from a government agency. After 8 years I have been ordered reinstated, with back pay. I paid

$33K in lawyer fees already, plus several years ago agreed to pay 30% of any back pay award, plus $50K, if I won. However, the Court is now ordering some (hourly) legal fees to be paid by the County. However, my lawyer still expects me to pay the 30% of back pay and another 50K we agreed to years... Read more »

James L. Arrasmith
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answered on May 11, 2023

In situations like yours, where you have been wrongfully terminated and have been ordered reinstated with back pay, the question of who is responsible for legal fees can depend on various factors, including the specific terms of any agreements you entered into with your attorney and the applicable... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: Can a case law be used in another state, such as in California? If the state law from Mississippi Supreme Court?

The case law I refer to is "Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943)."

Would it be allowed to use in California for an incident? (May you correct me if i am wrong)

Example:

Charge: “Vehicle Obstruction”

HELD: The right of a... Read more »

James R. Dickinson
James R. Dickinson
answered on May 11, 2023

Mississippi case law cannot be cited in a California case as authority. Where a California case has incorporated the reasoning of the case of another jurisdiction and applied that reasoning to the facts of a California case, which happens occasionally, then that would be different. I would... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: Can a case law be used in another state, such as in California? If the state law from Mississippi Supreme Court?

The case law I refer to is "Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943)."

Would it be allowed to use in California for an incident? (May you correct me if i am wrong)

Example:

Charge: “Vehicle Obstruction”

HELD: The right of a... Read more »

James L. Arrasmith
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answered on May 11, 2023

Regarding the case law you mentioned, "Teche Lines, Inc. v. Danforth, 195 Miss. 226, 12 So.2d 784 (1943)," it is important to note that case law from one state generally applies within that state's jurisdiction unless it is recognized as persuasive authority in another jurisdiction.... Read more »

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: What is the CHP (California Highway Patrol) policy on highway violence?
James L. Arrasmith
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answered on May 8, 2023

The California Highway Patrol (CHP) has a policy on highway violence, which involves responding to incidents of violence on highways and taking appropriate action to prevent and address such incidents. The CHP aims to protect the safety of motorists and the public, and to apprehend individuals who... Read more »

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2 Answers | Asked in Gov & Administrative Law for California on
Q: How can I get legal help in regards to my vehicle and proof of ownership
James L. Arrasmith
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answered on May 5, 2023

If you need legal help regarding your vehicle and proof of ownership, there are several options you can consider:

Contact a qualified attorney: An attorney who specializes in motor vehicle law can provide guidance on issues related to proof of ownership, including issues with vehicle...
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1 Answer | Asked in Consumer Law and Gov & Administrative Law for California on
Q: I bought a car a few months ago cash ....I was given a bill of sale and when I tried to register the vehicle I couldn't

The person who sold it to me said they are a mechanic and the person never came back for car

James L. Arrasmith
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answered on May 5, 2023

If you purchased a car a few months ago with cash and were given a bill of sale, but you are unable to register the vehicle, there may be several reasons why this is the case.

One possibility is that the vehicle has a lien on it, which means that someone else has a legal claim to the...
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1 Answer | Asked in Civil Litigation, Civil Rights, Internet Law and Gov & Administrative Law for California on
Q: sending a screenshot of text phone records violate privacy law in California?

Im the account holder for my phone carrier and would like to send a screen shot of another person on the account texts records to another person. Would like to know if this is legal

James L. Arrasmith
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answered on May 1, 2023

Sending a screenshot of text phone records to another person may potentially violate privacy laws in California. California is one of the strictest states when it comes to privacy laws and it has specific regulations in place to protect individuals from unauthorized disclosure of their personal... Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: My husband recently passed leaving a large collection of registered handguns - I'm in CA- I want to dispose of them.

Should I call the Sheriff's office? I want them out of the house

James L. Arrasmith
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answered on Apr 28, 2023

I am sorry for your loss. If you wish to dispose of your husband's collection of registered handguns in California, you should contact your local law enforcement agency or the California Department of Justice Bureau of Firearms for guidance on the proper way to do so.

One option is to...
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1 Answer | Asked in Family Law and Gov & Administrative Law for California on
Q: I have a car under a title loan and my wife wants to take it. Can I fight for it or she’s going to keep it?

The title loan is only under my name, but the title of the car has both of our names and I’m the only one doing the payments of the loan. Who legally owns the car?

James L. Arrasmith
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answered on Apr 25, 2023

In California, the registered owner of a vehicle is presumed to be the legal owner, regardless of who is making the payments on a title loan. However, since the title is in both your and your wife's names, she may also have an ownership interest in the car.

If you and your wife are...
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1 Answer | Asked in Gov & Administrative Law and Social Security for California on
Q: The county of alameda mailed my personal information documents social security number, picture of my license to someone
James L. Arrasmith
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answered on Apr 24, 2023

It's understandable to feel concerned and upset if your personal information has been mailed to the wrong person. This type of breach can be a serious matter, as it can potentially expose your sensitive information to individuals who may use it for malicious purposes.

If you believe...
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1 Answer | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: ssi medical appointment was canceled by doctors office but i was told by ssi it was a no show on my behalf i have the vm

i have the voicemail ledt by the doctors office cancelling my appoint but ssi says i no showed and have now been terminated for my benifits

James L. Arrasmith
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answered on Apr 22, 2023

If your SSI medical appointment was canceled by the doctor's office, but you were told by SSI that it was a no-show on your behalf and have now been terminated for benefits, you may have grounds for an appeal.

To appeal the decision, you will need to provide evidence that you did not...
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2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: Is it legal for US California contract to work remote in South Korea for a total duration of 6 to 8 months total?
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answered on Apr 21, 2023

It may be legal for a US California contract worker to work remotely in South Korea for a total duration of 6 to 8 months, but it depends on the specific circumstances and requirements of the job.

If the contract allows for remote work and does not specify any geographical limitations, and...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Public Benefits for California on
Q: My housing providing program has denied me a hearing on a disputed issue. How do I proceed?

My reasonable accommodations utility assistance is being discontinued without a hearing? I have repeatedly requested in writing for a hearing regarding this issue and I haven't been able to get a chance to be heard. I am disabled my minor Son who lives with me is also disabled. I have medical... Read more »

James L. Arrasmith
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answered on Apr 19, 2023

If your housing program has denied you a hearing on a disputed issue related to reasonable accommodations for utility assistance, you may want to consider contacting a local legal aid organization or disability rights group for assistance.

Under federal and state laws, individuals with...
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1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for California on
Q: How are people getting $10,000 to relocate when they were living on government land and were forced to move in ca
James L. Arrasmith
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answered on Apr 18, 2023

The $10,000 relocation assistance program you may be referring to is called the Mobilehome Park Resident Impact Fund (MPRIF) in California. The MPRIF was created to assist mobilehome park residents who are forced to relocate due to park closures, conversions, or other changes in land use. Eligible... Read more »

1 Answer | Asked in Energy, Oil and Gas and Gov & Administrative Law for California on
Q: how does president biden have the authority to shut down parts of our energy, a oil pipeline? what gives him authority
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answered on Apr 17, 2023

As the President of the United States, Joe Biden has the authority to issue executive orders that impact various aspects of American life, including the energy sector. The executive branch of the government, which includes the President and federal agencies, has broad powers to regulate industries... Read more »

3 Answers | Asked in Employment Law, Health Care Law and Gov & Administrative Law for California on
Q: Should I inform my current employer of my pre existing clinical depression, or keep it to my self?

When hired for this position I had to get examined at a Concentra medical clinic and pass as a condition of employment. At this time I disclosed that I had a history of depression, the doctor asked if it was under control, and at which time it was so I answered truthfully yes. I was cleared by the... Read more »

Neil Pedersen
Neil Pedersen
answered on Apr 16, 2023

Absolutely not. Never disclose a medical condition to your employer. It has no right to know what kind of medical, mental or psychological conditions you may be suffering with.

If your doctor believes there are things the employer can do to accommodate your condition the doctor should...
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3 Answers | Asked in Employment Law, Health Care Law and Gov & Administrative Law for California on
Q: Should I inform my current employer of my pre existing clinical depression, or keep it to my self?

When hired for this position I had to get examined at a Concentra medical clinic and pass as a condition of employment. At this time I disclosed that I had a history of depression, the doctor asked if it was under control, and at which time it was so I answered truthfully yes. I was cleared by the... Read more »

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answered on Apr 17, 2023

Whether or not to disclose a pre-existing medical condition, such as clinical depression, to an employer can be a difficult decision. On one hand, informing your employer may help them provide you with reasonable accommodations to ensure your success in the workplace. On the other hand, there is a... Read more »

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