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California Gov & Administrative Law Questions & Answers
3 Answers | Asked in Personal Injury, Arbitration / Mediation Law and Gov & Administrative Law for California on
Q: Can AZ attorney assert CCP 999 in CA personal injury case?

I am involved in a personal injury claim in California, but the attorney representing the plaintiff is only licensed in Arizona. They are asserting the use of California Civil Code of Procedure 999 (CCP 999) for pre-mediation. No complaint has been filed yet in either state. Can an Arizona-licensed... View More

William John Light
William John Light
answered on Jun 18, 2025

There might be an issue with the attorney's lack of a CA license to practice law in CA, making him ineligible to practice law in CA, and, whether the pre-lawsuit negotiations are the practice of law. If the attorney has associated another lawyer who is licensed in CA, or has an attorney in... View More

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3 Answers | Asked in Medical Malpractice, Gov & Administrative Law and Personal Injury for California on
Q: Can a prison medical institution be sued for malpractice after delayed treatment for a jaw fracture?

My husband had two wisdom teeth extracted by the prison medical institution. After weeks of pain and swelling, the provider took an X-ray and realized his jaw was fractured. It took one month before he could receive treatment at an outside hospital. Now, his jaw is wired shut for 5 weeks. Can the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 5, 2025

Yes you can.

Where the medical staff failed to meet the standard of care, there is a claim.

In order for such a case to be viable, the harm caused but be sufficient to warrant bringing a lawsuit. For example, if the failure to treat caused additional harm such as the jaw being...
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3 Answers | Asked in Medical Malpractice, Gov & Administrative Law and Personal Injury for California on
Q: Can a prison medical institution be sued for malpractice after delayed treatment for a jaw fracture?

My husband had two wisdom teeth extracted by the prison medical institution. After weeks of pain and swelling, the provider took an X-ray and realized his jaw was fractured. It took one month before he could receive treatment at an outside hospital. Now, his jaw is wired shut for 5 weeks. Can the... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Yes, a prison medical provider can be sued for medical malpractice under California law, including MICRA (Cal. Civ. Proc. Code § 340.5), which allows one year from the date the injury was discovered or should have been discovered. Delayed diagnosis and treatment of a jaw fracture following tooth... View More

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3 Answers | Asked in Domestic Violence and Gov & Administrative Law for California on
Q: Will the mental health diversion program lift the protective order in a domestic abuse case?

My partner was offered a mental health diversion program for our domestic abuse case, and the court issued a protective order against him to protect me. I don’t want the protective order anymore. If he agrees to the mental health diversion program, will the protective order be lifted? How long... View More

Robert Kane
Robert Kane
answered on May 30, 2025

No. The mental health diversion program will not lift the protective order in a domestic abuse case. The fact a defendant has decided to accept a diversion program doesn't mean he is any less of a threat. An alcoholic can decide to go to A.A. meetings or treatment.

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3 Answers | Asked in Domestic Violence and Gov & Administrative Law for California on
Q: Will the mental health diversion program lift the protective order in a domestic abuse case?

My partner was offered a mental health diversion program for our domestic abuse case, and the court issued a protective order against him to protect me. I don’t want the protective order anymore. If he agrees to the mental health diversion program, will the protective order be lifted? How long... View More

Mario Tafur
Mario Tafur
answered on May 29, 2025

The mental health diversion program and protective orders operate as separate legal mechanisms, and participation in diversion does not automatically result in the lifting of a protective order in domestic abuse cases. Protective orders are specifically issued by the court to ensure victim safety... View More

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Q: How can we sue LA County for negligence in the Eaton fire response?

I lost my home in the Eaton fire in Altadena, CA. My family and I received no evacuation warnings, and there was no firefighting assistance or water during the incident. My daughters are traumatized by the experience, and we learned that a neighbor died without any warning. Many residents in west... View More

Haleh Shekarchian
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Haleh Shekarchian
answered on May 4, 2025

You have six months time limit from the date of the incident in which to file a claim against the government entity. However, the case against Edison is a much stronger case. Edison has admitted fault and a mass tort action ( NOT a class action) is being pursued against Edison. You recover much... View More

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2 Answers | Asked in Admiralty / Maritime and Gov & Administrative Law for California on
Q: What should I do with a potential ambergris found in California?

I recently found a stone at Capitola Beach, which I believe might be ambergris, weighing about 506 grams. I'm trying to confirm its identity and legality. I've attempted to contact ambergris experts but haven't received a response yet. I'm unsure whether I can sell it or if I... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2025

The website of the National Oceanic and Atmospheric Administration (NOAA) advises as follows, "You may not collect, keep, or sell ambergris because it is a part from an endangered marine mammal." (sperm whale) NOAA provides the following number for assistance: (301) 427-8401, from:... View More

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2 Answers | Asked in Gov & Administrative Law and Employment Law for California on
Q: Can an ex-felon in California become a court reporter after expungement and rehabilitation?

I am an ex-felon residing in California and I'm considering becoming a court reporter. My felony conviction was for a sales case, which occurred 7 years ago. I have completed a rehabilitation program and had the conviction expunged. Is it possible for someone in my situation to pursue a career... View More

Neil Pedersen
Neil Pedersen
answered on Apr 28, 2025

Convictions are not expunged in California. They are only dismissed, and if dismissed under the proper statute, they cannot be referred to or used unless you are seeking a job in law enforcement or national security.

The best way to find out if you can be a court reporter, contact one or...
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2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: How can I resolve a bench warrant for failure to appear due to work conflicts in California?

I received a bench warrant for failing to appear at my remand date in Visalia, California because I had to work and didn't want to lose my job. I have not notified the court about my situation, but I would like to consult with a lawyer to understand my options. How can I resolve this issue... View More

Mario Tafur
Mario Tafur
answered on Apr 28, 2025

Addressing a bench warrant issued for failure to appear due to work conflicts in Visalia, California, requires prompt and strategic action to mitigate potential legal consequences. Under California law, a bench warrant is issued when a defendant fails to appear as required, pursuant to Penal Code... View More

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2 Answers | Asked in Gov & Administrative Law and Criminal Law for California on
Q: Impact of AB625 on EOP status parolee in California, 2025

How could AB625 affect a soon-to-be parolee who is currently on EOP status in a California prison, with parole scheduled for August 2025? I'm interested in understanding any potential changes to parole conditions or early release possibilities that this bill might bring.

Mario Tafur
Mario Tafur
answered on Apr 24, 2025

AB625, if enacted, could influence the parole process for an EOP status inmate, who, by virtue of their severe mental disorder, requires enhanced clinical interventions while incarcerated. Under existing law, parolees with such conditions typically must undergo inpatient treatment unless the State... View More

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2 Answers | Asked in Gov & Administrative Law, White Collar Crime and Criminal Law for California on
Q: Seeking pro bono attorney for DRE licensing issue unrelated to real estate activity, involving money laundering charges.

I am facing a licensing suspension or revocation with the Department of Real Estate, even though my legal case is unrelated to real estate activity. My case involves money laundering charges related to buying and selling dollars at the border through exchanges, companies, individuals, and banks.... View More

Mario Tafur
Mario Tafur
answered on Apr 24, 2025

Under California law, the DRE may suspend or revoke a license if a licensee is convicted of a crime substantially related to the qualifications, functions, or duties of a real estate professional. However, since your money laundering charges—stemming from buying and selling dollars at the... View More

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2 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Personal Injury for California on
Q: Help needed for brother allegedly beaten by Gardena Police, now in ICU with restricted access.

I need urgent help. My brother has been in the ICU since last week, and we just received a call from the hospital. We believe the Gardena Police Department beat him up. The hospital staff initially contacted us but are now acting as if he is in custody and won't allow us to see him without... View More

Mario Tafur
Mario Tafur
answered on Apr 23, 2025

To address the alleged police misconduct, several legal actions are available. A civil rights claim under 42 U.S.C. § 1983 can be pursued against the Gardena Police Department for excessive force, violating your brother’s Fourth Amendment rights, provided the officers’ actions were objectively... View More

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2 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Personal Injury for California on
Q: What legal action to take for my brother's unexplained injuries in ICU under conflicting custody reports?

My brother, who suffers from epilepsy and lives at a sobriety program, is in the ICU with head injuries and bruising. Records show he was arrested on 4/15, supposed to have court on 4/17 in Inglewood, but was released on his own recognizance on 4/16. Conflicting reports say he was brought to the... View More

Mario Tafur
Mario Tafur
answered on Apr 23, 2025

First, you can investigate the hospital’s failure to notify you, as California law requires hospitals to make reasonable efforts to contact family members within 24 hours if a patient is incapacitated. If this obligation was not met, you may request documentation of their efforts, which must be... View More

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2 Answers | Asked in Civil Rights, Family Law, Gov & Administrative Law and Criminal Law for California on
Q: CPS took my son; I was arrested without abuse allegations. What can I do?

I was arrested by CPS and had my son removed from my home in Los Angeles County on March 20, 2025, with no allegations of abuse from my side, only my criminal record. My child's mother, who is currently incarcerated and has a history of substance addiction, had her other children removed from... View More

Mario Tafur
Mario Tafur
answered on Apr 21, 2025

Under California Welfare and Institutions Code § 300, CPS may remove a child only if there is clear evidence of substantial risk of harm. Removal based solely on your criminal record, without specific allegations of abuse or neglect, may not satisfy this standard unless CPS demonstrates a current... View More

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2 Answers | Asked in Education Law, Civil Rights and Gov & Administrative Law for California on
Q: Can I sue a school for targeting a student and expelling her unjustly?

Can I sue a school for targeting my child and proceeding with expulsion after an argument? There's an expulsion hearing soon, and discrepancies in her discipline reports suggest they were altered, as the initials don't match the altered names. Additionally, the school allowed my daughter... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Apr 15, 2025

You would have to promptly review this with a litigation attorney to see if there is a cognizable claim, but schools have wide discretion to discipline. More important is addressing the pending expulsion.

The schools can call CPS in- you would need an attorney who focuses on...
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2 Answers | Asked in Immigration Law and Gov & Administrative Law for California on
Q: Fear of applying for N600 due to status concerns and gov't actions.

I entered the U.S. in 1975 from the USSR as a permanent resident with my mom. I have derivative citizenship through her since she was naturalized when I was 14 in 1981. However, I missed the swearing-in ceremony due to a high school trip and never received a naturalization certificate; my mom... View More

Rozanna Pondeva Gasparian
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Rozanna Pondeva Gasparian
answered on Apr 28, 2025

Based on the information you have provided above, it appears that you should not have any problems applying for the N-600. If you are still concerned, you may consider filing a FOIA to obtain copies of your entire file and ensure you have all supporting documentation that you may require before... View More

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2 Answers | Asked in Gov & Administrative Law and Civil Litigation for California on
Q: Can complainant be charged for county staff fees after junkyard compliance?

I received an order to comply regarding junkyard conditions and cleaned up as required. Despite complying with the order, the county charged me staff fees for time spent on the case. In previous instances last year, when similar complaints were made, we cleaned up, and no fees or fines were... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Apr 11, 2025

You are getting billed for staff fees because you are a repeat offender. The claimant/reporter is not at fault, because the county found their complaint was justified, and issued an order to you to comply. The inspections are not harassment so long as actual violations are found and for a... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: How can I address unfeasible probation terms for an old misdemeanor charge in California?

I was arrested 6 years ago in Willows, California, for a misdemeanor possession of drug paraphernalia. I initially showed up for my court date but stopped attending due to the hardship of driving several hours to Willows weekly. There has been an active warrant for my arrest for 7 years. The terms... View More

Mario Tafur
Mario Tafur
answered on Apr 9, 2025

To address unfeasible probation terms for your old misdemeanor charge in California, you can request a modification of the probation terms through the court. California law provides mechanisms for modifying probation conditions if they are unreasonable or cause undue hardship. The court has the... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Is my son's nearly 6-year-old pending case in California beyond the statute of limitations due to court delays?

My son was arrested nearly six years ago in California, and his case has not yet gone to court. The bail bondsman mentioned a five-year limit for taking a case to a jury. During these years, there have been multiple public defenders and deputy district attorneys involved, with frequent hearings... View More

Dan Moseley
Dan Moseley
answered on Mar 26, 2025

The only "statute of limitations" in criminal law applies to the filing of charges by the DA, not to the timing of a "speedy trial" after charges are filed in court. The California Criminal Code provides deadlines for certain courtroom proceedings, such as preliminary hearings... View More

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3 Answers | Asked in Personal Injury and Gov & Administrative Law for California on
Q: Is a plumber negligent for not calling 911 during a homeowner's seizure?

I am a plumber who recently experienced an incident while working in a client's home. The homeowner had a seizure, and I caught them to prevent injury. The homeowner, who appeared to be of sound mind, explicitly instructed me not to call 911, and there was no harm done as a result. I'm... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2025

You were not negligent. From a textbook standpoint, you had no legal duty. In such situations, there could be a moral duty to seek help, but the homeowner asked you not to call 911 and you obliged, respecting their privacy. You handled the situation well. A medical professional may have insisted to... View More

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