Lawyers, Answer Questions  & Get Points Log In
California Gov & Administrative Law Questions & Answers
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.

View More Answers

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.

View More Answers

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!

View More Answers

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???

View More Answers

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 »

Q: Hard authorities search: Deprivation due to payment processing location being closed. Tried to pay, not possible

Preventing deprivation not possible. Need authority to cite if it exists. Trying various search terms for many days. Car booted while awaiting payment of fines, tow ordered 72 hours later, but payment processing center not open and no other means available. Tried to make payment while boot attached... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 5, 2020

IS THIS FOR CALIFORNIA?

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for California on
Q: In California, can residents get Gavin Newsome to stop enacting laws that negatively affect the state?

Newsome has intentionally taken the voting rights away from residents by signing executive orders on issues that negatively affect residents in BIG WAYS. The rights of residents to vote, basically removing the only way residents can have that voice heard. He needs to be stopped and the residents... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

Is this a serious question or are you just ranting about your disagreement with actions by the Legislature and the Governor? First, he was not "self appointed" he was elected by a majority of the California Voters that actually voted in the last election. Next, he can only sign into law... Read more »

5 Answers | Asked in Car Accidents, Personal Injury, Gov & Administrative Law and Municipal Law for California on
Q: I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home

I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home). I was knocked unconscious for a brief period and woke up to cops around me looking at me with flashlights. I was asked if I wanted to go to the ER in the ambulance and I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 16, 2020

MORE INFO NEEDED.

DO YOURSELF A FAVOR AND MAKE A FREE APPOINTMENT WITH A PI LAWYER WHO CAN GET YOU COMPENSATION IF YOU WERE NOT AT FAULT.

IF THAT IS THE CASE, THEN IF YOU CONTACT ME I WILL GIVE YOU SEVERAL NAMES TO CONSIDER.

HOWEVER, DON'T DISCUSS CASES LIKE THIS ON AN...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Real Estate Law for California on
Q: what governing body has oversight to handle disputes between neighbors when only some properties belong to an hoa?

My neighbor and i reside in an HOA and feel we are being subject to undue scrutiny and baseless complaints from a couple who live on a parcel adjacent to ours but who do not have membership in the HOA. These people are causing needless problems complaining about us for really no reason, but are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 15, 2020

Send an email to Attorney James Allen Greer on this website, he is knowledgeable about HOA. IMO the neighbors that are not a part of the HOA do not have any standing to make complaint to the HOA.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Gov & Administrative Law for California on
Q: What would be the consequences of this crime?

Nevermind I deleted the details because I can't figure out how to delete the question

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

You get life. Not life imprisonment, just life.

Justia disclaimers below, incorporated herein.

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.