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California Gov & Administrative Law Questions & Answers
Q: I Want to Open Hydrogen Station, I wanted to Know about its Legal Formalities etc. In USA
Tim Akpinar
Tim Akpinar answered on Jul 28, 2021

A California attorney could advise best, but your post remains open for four weeks. It could be difficult for any attorney to meaningfully advise on the formalities you ask about in the brief format of this forum. There are many things to consider, whether from an intellectual property standpoint... Read more »

1 Answer | Asked in Civil Rights, Personal Injury, Federal Crimes and Gov & Administrative Law for California on
Q: Misconduct by the police

i am a African American Male 100% disabled. There are more details that I have not mentioned regarding the entire incident and things following.A couple of years ago while driving on the freeway I ran out of gas. I contacted California Highway Patrol to inform them that I had help coming on the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 26, 2021

MORE INFO NECESSARY

YOU DID WHAT YOU SHOULD AND THAT IS TO "BEEF" THE COP BY REPORTING TO HIS SUPERIORS.

Q: Can congress form a city in a state by overriding state and local government
Tim Akpinar
Tim Akpinar answered on Jun 26, 2021

This question could be beyond the scope of this forum. Congress does have certain enumerated powers granted under Article I, which include collecting taxes, paying debts, providing for the common defense and general welfare, borrowing on the credit of the United States, regulating commerce, etc.... Read more »

1 Answer | Asked in Business Law, Civil Rights, Gov & Administrative Law and Internet Law for California on
Q: Can the president of an HOA prevent a board member from engaging residents on social media? Which law supports this?

I found some protections for members of legislative bodies in the Gov code (Chapter 9. Meetings [54952.2], but those pertain to public entities and our HOA is a private nonprofit corporation.... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 27, 2021

The 1st Amendment of the U.S. Constitution protects the freedom of speech. It is also protected by the California Constitution in Article 1, section 2 which states: "SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the... Read more »

2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: I am a federal government employee. I am being forced to wear a mask because I will not get the COVID-19 "vaccination"

Wearing the cloth masks required do not prevent the COVID-19 virus from being breathed in. What legal grounds justify I wear something that does not protect me

Neil Pedersen
Neil Pedersen answered on May 18, 2021

As an employee you must comply with the dress code and uniform requirements of your employer. If the your employer required you to wear foil hats to prevent alien intrusion into your brain, you wear the aluminum hat. That is the nature of the employer-employee relationship. You do not get to... Read more »

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2 Answers | Asked in Gov & Administrative Law, Criminal Law, Personal Injury and Civil Litigation for California on
Q: I am looking to sue the State of California. How do I go about proceeding?
William John Light
William John Light answered on May 10, 2021

Talk to a lawyer. There is a 6 months Claims filing requirement. If you are past that, your claims are likely time barred unless you are pursuing federal claims or are a minor.

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Q: Is it fraud to skip over a named successor trustee, and instead nominate and fill the vacancy with an outside party?

The successor trustee who was handling the administration of my irrevocable trust died. My Aunt was named second as a successor but she declined.

The next successor trustee named in the trust instrument was a bank but the bank was never informed of this. My Dad's widow, (an omitted... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 3, 2021

You said the fiduciary was court appointed. Did you get notice of the ex parte hearing? More facts would be needed to determine if you have any recourse. Seek counsel for a private consultation so that you can provide all the facts of your situation for a thorough evaluation.

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Any pro-bono lawyers for disabled veterans? EEO hearing with Admin Judge pending (no date) - PTSD affects focus

Discrimination at federal job increased PTSD symptoms over 2 year period - focus and concentration affected. Hoping a lawyer can help me get my case reviewed and streamlined for presentation at hearing. Would prefer representation but cannot afford to hire one outright (willing to pay them from... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 22, 2021

Unfortunately, I think you misunderstand this part of this site. This is only a place to get general legal guidance about the law. It is not a place where you can go to ask an attorney to help you or to get someone to give you a referral to someone. There is another part of this site where... Read more »

1 Answer | Asked in Immigration Law and Gov & Administrative Law for California on
Q: Can Dreamers go on cruise from CA/OR/WA-HI, CA/HI-AK, TX-NY/ME, or vice versa if it doesn't land on a foreign nation?

By this, I mean if a Dreamer doing so won't risk deportation or cancelation of DACA. And of course, this would be in times when things get back to normal.

The 2 letter codes represent the states while the hyphen represents the word "to".

I was also wondering if a... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Mar 11, 2021

I do not suggest this. Even though you may not arrive at a port outside the USA, each time you exit or enter the ship you go through customs.

1 Answer | Asked in Contracts, Business Law, Gov & Administrative Law and Government Contracts for California on
Q: My LLC got & spent $48k EIDL, but I'm now out of business & can't repay. If I dissolve b4 payment is due can I get out?

It's a business of one. The EIDL/SBA contract lists my LLC as the borrower but it's my name as the authorized signer and manager of the biz. Biz has no assets or collateral. If I close the biz can they come after me personally to repay EIDL? To get out of paying is there anything I must... Read more »

Julie King
Julie King answered on Mar 2, 2021

You cannot dissolve the LLC unless you can swear under penalty of perjury that it owes no debts. But the answer to your question will depend on the language in the loan documentation you signed. That is your contract. A lawyer would have to guess what your documents say in order to answer your... Read more »

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

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Q: I don't believe there is a process for federal referendum or initiatives?

For instance where the initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. - If you started at the state level could the citizens create legislation to have a federal referendum/initiative... Read more »

Louis George Fazzi
Louis George Fazzi answered on Feb 7, 2021

It doesn’t work that way. There are two separate systems: the federal system, and the state system. There is no federal analog to an initiative process. It is not possible to begin an initiative process in the state and then have it transfer over to the federal level. The United States... Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: If my pursuit of happiness is to live outside does the government have aright to decide otherwise?
Maurice Mandel II
Maurice Mandel II answered on Jan 28, 2021

Please remember, the idea of the "pursuit of happiness" is in the Declaration of Independence, not in the Constitution of the United States or even the California Constitution. It is not a "right" guaranteed to you by the government. The government has the right to impose... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Gov & Administrative Law and Municipal Law for California on
Q: I was fined $250 under California code of civil procedure for failing to appear at jury duty. What is the fine consider

ed. I was told by the clerk that it is not a misdemeanor, but is it an infraction (like a parking ticket?) a sanction, and what is the difference? Was I “convicted” of something?

David Michael Lehr
David Michael Lehr answered on Dec 3, 2020

It is not a criminal record. Therefore, the only penalty can be, and is, a fine. Sorry about the $, but it will not hurt your life in the long run!

Good luck!

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Q: Isn’t setting a statewide curfew against this section of the constitution? The people should have the freedom to choose

Choosing between staying home away from the virus if they’re high risk or going out with a friend if both of you recently tested negative. The freedom to go and hang out with a friend should be up to their own Individual person. I would say this falls under the sentence “...enjoy and defend... Read more »

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

We are experiencing one of the rare occasions when, for health reasons to protect all of us, the government is given the responsibility to make orders such as the present curfew, and we must comply with them. Our individual freedoms mean nothing if this pandemic can kill so many of us without... Read more »

Q: Yacht was Impounded dead battery /illegally moored? With a Court date of 4/29/20 I offered $4000 4/1/20 ignored?

I called LBPD an Officer emailed Impound with copies of my clear title and payment check. He advised Impound please respond to her many calls? Return her property this check is good! Ignored! Bought boat back 5/11/ she was gutted! Destroyed! $37,000 damage storage up to $14000 plus hotel stays They... Read more »

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

You should contact a civil rights lawyer right away. You can go to the Los Angeles County Bar Association's website (lacba.com) and look for their Lawyers Referral Service (LRS). They should be able to assist you.

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Internet Law for California on
Q: Is there any way to stop my son's autopsy report from being public record (CPRA) if we are in safe at home program?

I have recently been informed of an organization who has drastically digging for details and information surrounding my son's death. My son passed in a horrific and tragic accident in May, he was just 5 months old. These people have shared his story and details of the incident and I cannot... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 5, 2020

You should contact a good privacy rights lawyer right away. No parent should have to endure the further indignity of unwanted scrutiny regarding the death of such a young child. In Los Angeles you should be able to find a top notch lawyer who knows how handle such situations. You can go to the Los... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: How does one proceed when they have a warrant for missing court but defendant had a reason to fear for his life.

Credible and serious threats had been made including an assault with a deadly weapon reported. And again another assault just the night before. Protective custody in a small town is what started it

And police even stated that they couldnt keep the defendant safe after the assault with... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 3, 2020

more info needed

i assume you have a lawyer........and that is who you should discuss this with.

i suspect s/he will advise you re talking to the police

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: Wife called the cops on our retired cop neighbor for screaming all night, cops gave him her name,can they do that?

so he was screaming all night for 3 nights, wife called the cops and they went to check and told us it was goats,, next day he asked other neighbors who is (wifes name) cuz sherrifs told him that she called the sherrifs on him,, i know he was a cop and got fired for a shooting and drinks all day so... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 25, 2020

more info needed.

however, it wouldn't be hard to figure out who called the police if they said it was neighbor...............one on either side???

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1 Answer | Asked in Gov & Administrative Law for California on
Q: We’re can I obtain a local pro bono attorney
Tim Akpinar
Tim Akpinar answered on Oct 12, 2020

A California attorney could answer your question best, but your post remains open for three weeks. There are online resources to help find legal aid or pro bono legal services throughout the nation. As a starting point, try to narrow down the type of law involved (landlord-tenant, matrimonial,... Read more »

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