Lawyers, Answer Questions  & Get Points Log In
California Gov & Administrative Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: Can I appeal test results for the psi exams firearms assessment.

Is there a way to appeal test results with an in-person exam?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

More information is needed. Speak with a gun rights attorney near you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Wrongful Death for California on
Q: What to do when you have just found out you have only 4 months to file a big and maybe federal wrongful death suit?

My husband died, Navy, training accident. 2004. Found out about 10 years later, it was a lot worse than I was told. I wasn’t sure where to go to get help and I want sure of the statutes etc. I ended up finding out that our daughter can still file. Because she was so little when it happened, she... Read more »

William John Light
William John Light
answered on Sep 19, 2022

Find an attorney familiar with the Federal Tort Claims Act. Every case is different. How much someone else may gotten has no relevance to your daughter's claim.

1 Answer | Asked in Traffic Tickets, Car Accidents and Gov & Administrative Law for California on
Q: What form do I need to file with the courts, to stop the sale of my work truck? Change: Driving on a suspended license!

I am self-employed. On my way to work, I was pulled over for having expired tags by the Claremont ( California) Police Department. My license was suspended by the DMV, for medical reasons. What form do I need to file with the Pomona Court, to allow me more time to finish this process? Work truck... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 12, 2022

YOU SHOULD RETAIN A LOCAL CRIMINAL LAWYER ASAP..........S/HE MAY SUGGEST YOU TAKE CARE OF THE EXPIRE TAGS AND SET IF YOUR MED CONDITION HAS CHANGED SO THAT YOU CAN APPLY FOR A NEW LICENSE.

YOU DON'T HAVE A VALID LICENSE, AND THE MEDICAL CONDITIONS MAY PREVENT YOU FROM GETTING ONE....
Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Gov & Administrative Law for California on
Q: If the available record cannot prove I did anything wrong, is it enough to prove my boss was wrong to fire me?

I was punished and fired because I was alleged for some wrongdoing. This case is under judicial review now.

My questions are:

1, Do I need to prove that I was innocent? Or I just need to point out that the available evidence in the administrative record cannot establish that I did... Read more »

Neil Pedersen
Neil Pedersen
answered on Aug 15, 2022

I am sorry but your question cannot be answered without more that needs to be known. You talk about an administrative record that suggests you may have been a government employee and you are going through a trial following administrative proceedings related to your termination, but there are other... Read more »

1 Answer | Asked in Gov & Administrative Law, Employment Law and Appeals / Appellate Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing?

He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2022

A California attorney could advise best, but your question remains open for four weeks. As a general rule nationwide, judges do not usually communicate with one side in the absence of the other (covered in rules on ex parte communications). One option is to reach out to a California attorney in the... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Gov & Administrative Law for California on
Q: amount awarded for attorneys fees under inverse condemnation

“Attorneys fees for inverse condemnation” was awarded based on real and personal property. Should attorney be including this portion of the award on what their contingency fee is calculated on? As it was awarded to help pay the attorneys to begin with, it seems it should not be included in the... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

everything is determined/controlled by your retainer agreement.

for 50 years, mine has said ANY MONEY COLLECTED, which could include Property Damage. However, I do not take any of that, even when we work hard to obtain same.

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Fulltime employee not classified as safety, or vested, then medically terminated without a pension. Fair?

Very simple, State of California employees injured on the job, not vested or classified as safety, get medically terminated without a disability pension. This appears to be a equal protection violation.

Neil Pedersen
Neil Pedersen
answered on Jun 8, 2022

The Equal Protection Doctrine is far more complicated than you might expect. While there is not enough in your post to determine if anything unlawful has occurred, I suspect you are going to find that the state had the lawful right to medically terminate you without a disability pension. The... Read more »

1 Answer | Asked in Antitrust, Business Formation, Employment Law and Gov & Administrative Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing? He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the issues, but nothing is working. I feel... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2022

It is NEVER proper to directly communicate with a judge by email or any other form of communication. You need to get an attorney involved before you really get yourself in trouble.

Good luck to you.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: can you be denied from asking to speak with a supervisor or manager if following the chain of command?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: I was arrested for having bear spray, which is legal for felons to posses due to it being labeled as a pesticide.

Because of the arrest, police in another city who were investigating an unknown person who pepper sprayed 3 people started looking at me as a suspect and eventually arrested me weeks later.

Here is my q:

Because I was falsely arrested and since the false arrest itself caused my... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 26, 2022

More info is needed.

Ask your atty/pD who will have a police report.

If you talked to police it abounds like you waived your rights.

3 Answers | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for California on
Q: Are there any precautions against releasing LA METRO from liability when they are obviously at fault?

My insurance has determined that I was not at-fault, so it won't affect my insurance rates. The other insurance company has offered to pay for all damages but denies liability, saying they want to avoid a lawsuit. I have to sign to release them of liability before receiving the final one-time... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Mar 24, 2022

A Release is simply a contract. You agree to release the other party in consideration of them paying you for your damages. LA Metro denies liability which is standard. A Release is a full and final release of ALL claims... past, present and future. You don't get 2-bites of the apple. You will... Read more »

View More Answers

1 Answer | Asked in Gov & Administrative Law and Tax Law for California on
Q: I do consulting & engineering as a contractor. Can I open an S-corp. in a different state than the one I operate it?

I'll be working from a home office, based in California. Would like to incorporate in Florida.

The nature of the job is either consulting to tech. companies or offering engineering services or selling them designs which I make on my own.

Joel F. Murray
Joel F. Murray
answered on Feb 13, 2022

Generally, if a foreign corporation (e.g. a different state) is operating/doing business in a different state than the state in which they are incorporated, they register with the state agency that regulates corporations (in California, the Secretary of State) as a foreign business entity (e.g. a... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for California on
Q: I am a victim of a crime, and the detective threatened me. What actions should I take?

I asked simple questions about how to get property back and a list of the property they took from my residence. He yelled at me, told me he didn't have to give me anything not even a list, told me I'll never get the property back, and that he could search my other properties and... Read more »

Will  Morehead
PREMIUM
Will Morehead
answered on Feb 5, 2022

I would need more information to answer your question with more specificity. In particular, it is not clear from your question if the "they" who took your property is the police or the person(s) who committed a crime against you.

But the detective is incorrect if he said that...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Communications Law and Gov & Administrative Law for California on
Q: The 911 Dispatcher told the police I was diagnosed as Paranoid Schizophrenic. I have never been diagnosed with anything.

I have this recorded. I'm going to court on a 422 PC-F and a 136.19(A)(1)F also on the 911 recording. There are more issues at hand but i want to know about this one please!

Dale S. Gribow
Dale S. Gribow
answered on Feb 3, 2022

more info is needed

you should wait for the arraignment and ask the court to appoint a public defender for you.

s/he will have ALL the info to intelligently address this.

3 Answers | Asked in DUI / DWI, Civil Rights and Gov & Administrative Law for California on
Q: Got Class A 1st time dui because interlock device can’t renew my class A unless downgrade to class C … Is dmv right ?

DMV claim I can’t renew class A license for another 6 months due to interlock device they gave me 2 options #1 pay cdl renew fees get a car on you name sr22 instal interlock device and dont drive vehicle for six months option # 2 if you want to drive now give up class A and downgrade to class C... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Dec 23, 2021

You will need to speak with a lawyer who regularly handles DUI cases and has a lot of experience with them. You will also need to provide a lot more information along with all the documentation you received regarding the citation you received. It is difficult to give good advice in this forum due... Read more »

View More Answers

1 Answer | Asked in Gov & Administrative Law and Workers' Compensation for California on
Q: I had to fire my workmens comp attorney a few days ago am now without one hearing tomorrow do u know what I should do

Mal practice forced me to let him go so close to my settlement hearing case has been open over 5 years had 2 MRI 2 nerve scans done never got any results back never was giving a primary doc that would except me without the results to my tests I collected workmens comp 2 years with basically no... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 14, 2021

you should let the judge know that you would like some time to find a new lawyer. a judge will nealry always give you time to find a new attorney as they dont want you to represent your self, unless you have done this several times already. it sounds like maybe you just endured a non responsive... Read more »

2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Im fight a possession of a firearm.i want to file a bond against the court for two reasons one there's a Hobbs motion .

The da before I was arrainged gave a lawyer that I never ended up hiring for this case the discovery which violates the Hobbs motion that a judge has to allow permission and that no file of the case can be spoken of until arraingment.two da lied and tried to add enhancement that I committed a crime... Read more »

Dan Moseley
Dan Moseley
answered on Dec 12, 2021

While you may have a defense, you appear to misunderstand the law of criminal procedure. A "Hobbs Motion" for example has to do with the disclosure of the identity of a confidential informant, not the production of documents. And more of an explanation is needed of what you mean by... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.