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California Gov & Administrative Law Questions & Answers
1 Answer | Asked in Copyright, Gov & Administrative Law, Intellectual Property and Internet Law for California on
Q: Does my employer have rights to the teaching materials I have prepared at home on my own computer and on my own time?

I am an adjunct lecturer at a university in California. My employment status is part time and varies from quarter to quarter. I have evidence that all my teaching materials including lectures, power point slides, quizzes, exams, etc. are readily available for download from a University server.

Tania Maria Williams
Tania Maria Williams answered on Mar 25, 2020

Unfortunately, they might because the materials were created during the scope and course of employment for the purpose why you were hired. You may want to check your employment agreement if you have one because ther usually is a clause regarding the ownership of intellectual property.

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Gov Newsom announced shutdown citing this code and for only essential workers to go to work.

Code 8665 was announced in a declaration to stay home last night. My job is to check vacant properties for squatters and it is very bad if I don’t do this. They will move in and take over. I am self employed and contracted. Am I part of the necessary work force? Does this read as a document for... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 20, 2020

We are in a whole new set of circumstances and it is not easy to know exactly how the Governor's Order will be interpreted. On its face it appears to say you must stay at home unless you carry out one of the 16 essential government services referenced in the Order. However you also need to... Read more »

2 Answers | Asked in Consumer Law, Gov & Administrative Law and Public Benefits for California on
Q: Coronavirus: Postponing gym membership or do nothing?


William John Light
William John Light answered on Mar 18, 2020

Whether you have a right to cancel your membership is set forth in your Gym contract and Civil Code section 1813.80, and following statutes. The terms by which you might be entitled to a freeze on the membership are likely also specified in the contract. Whether the gym's current offer to you... Read more »

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Q: How can I prove I am being harassed by the city

Code enforcement is harassing me. Now they are targetting my neighbor for helping me

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

You need a lawyer who knows how to protect your civil rights. Code enforcement harassment can result in liens against your property which then drive up your mortgage payments and can put you in danger of losing your home if you can't afford the new payments your mortgage company can force on you if... Read more »

Q: Can I deposit my Daughters $19K Jackpot winnings into her Special Needs Trust so that SSI doesn’t stop her monthly pmnt

She is on SSI and is Bi Polar. There is a Special Needs Trust set up for her. She won this playing Bingo and the Casino took all the taxes out and gave her $5,000 cash and the rest in a check because that is what she asked them to do. I found out about it and have all of it now and wondering what I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 10, 2020

Yes if her special needs trust is a first party SNT; otherwise no. If it is not a first party SNT the best choice is probably an ABLE account if she is eligible.

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1 Answer | Asked in Gov & Administrative Law, Medical Malpractice, Personal Injury and Probate for California on
Q: How can I find a CA attorney who sues Counties for failure to notify collaterals of conservator hearings?

I lost contact with my brother ten years ago and searched for him ever since. I am just now learning he suffered a stroke and lost his memory. The County placed him in a Board & Care and established conservatorship but failed to take reasonable steps to notify me. They denied my right to step... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 12, 2020

more info needed.

i would google attorneys who litigate against governmental entities or something like that.

1 Answer | Asked in Election Law and Gov & Administrative Law for California on
Q: How do I lobby by myself? How do I push forward a bill that needs to be passed?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jan 29, 2020

Contact your local County Bar Association and secure guidance from their Legislative Committee. We are submitting a Proposal for consideration, and have found the San Diego County Bar's Legis. Comm. to be extremely helpful in guiding/assisting our office. Good luck!

1 Answer | Asked in Family Law, Civil Rights, Collections and Gov & Administrative Law for California on
Q: what form is appropriate for use in a child support case to express the undisclosed conflict of interest

my children's mother has a new child with the relative of a judge believed to be in the family law division.

Mike Darlington
Mike Darlington answered on Dec 25, 2019

Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.

If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might...
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1 Answer | Asked in Gov & Administrative Law, Government Contracts and Municipal Law for California on
Q: Who does make sure cities in a state ( California) comply with state laws?
Michael Doland
Michael Doland answered on Dec 24, 2019

Your question is too vague to permit any analysis. What laws?

Q: Does what the attorney general said recently count as a general threat to public safety and if so can anything be done?

Bar said something along the lines of that people who don’t “support and respect” the cops “might find themselves without the police protection they need.” This was all framed in a context of political decent.

For our attorney general to say that feels like a threat especially... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

What the Attorney General said was both inappropriate and highly improper, in my opinion. What you can do is make your voice heard in the ballot box next November at the next presidential election by choosing a candidate who will not keep this particular attorney general in his position. The only... Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: The attorney stated that I plead guilty. But I did not plead guilty .

California Penal Code section 15 says that unless 1. Death or 2. Imprisonment or 3. Fine or 4. Removal from Office or 5. Disqualification to hold office is annexed upon conviction, there is no felony of misdemeanor.

Kevin Christopher Murphy
Kevin Christopher Murphy answered on Dec 3, 2019

Your question does not make sense and you've indicated that you're represented by an attorney so no other lawyers can ethically provide legal advice absent your legal counsel's authorization/presence. Talk to your attorney and get him to provide answers in writing if you feel you're not being fully... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for California on
Q: In the state of CA are immediate family members allowed to work for the same police force and day?
Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

not sure it would be so much of a law, but rather a policy issue of a county.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Public Benefits for California on
Q: Hi, EDD has assessed an overpayment and sent me Notice of Overpayment. Will they press criminal charges against me?

Will they charge me with fraud if I agree to pay the overpayment?

Neil Pedersen
Neil Pedersen answered on Oct 30, 2019

It is not likely that criminal charges would be brought if you agree to repay the money. Nonetheless, because criminal charges are possible it would be wise to consult with a criminal defense attorney before approaching the EDD. Good luck to you.

1 Answer | Asked in Gov & Administrative Law for California on
Q: If I am 17 and have a boyfriend who is 19, is it illegal for us to date in the state of California?
Louis George Fazzi
Louis George Fazzi answered on Oct 29, 2019

It is not illegal to date just because you are under 18. However, if you and your boyfriend have a sexual relationship, he could be charged with statutory rape because you are under the age of consent. The law says a female under the age of 18 is incapable of consenting to sex, so be safe and... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for California on
Q: All jurors awaiting in the front of courtroom. District Attorneys witnesses were there as well. Witnesses kept making

Loud negative insulting statements about the case, the DA was there during these outbursts then she went inside court while these comments intimidated anyone in their presents others (witnesse's friend) came to speak to these witnesses about the case also.

Dale S. Gribow
Dale S. Gribow answered on Oct 16, 2019

more info needed

discuss this with your lawyer who has all the may be grounds for a Mistrial?

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1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Can the Labor Commissioner indefinitely delay issuing Berman Hearing decisions? It’s over 90 days since the hearing.
Neil Pedersen
Neil Pedersen answered on Oct 3, 2019

Indefinitely, no. Can it delay it for a long time? Yes. This is a government entity that is overworked and understaffed. Patience is going to be required to get through this process. Good luck to you.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Is it better to petition for my marijuana conviction to be dropped before trying to get my wobbler reduced? Or together?

I figure I should get the marijuana conviction dropped before asking to have the felony I was on probation for reduced; but is it possible to do them at the same time? I don’t live in the same town and I already drove there to pay off fines and get paperwork.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 26, 2019

You can file the forms for the reduction and dismissal of the a marijuana conviction and a felony in another case (if I understand you) before or

at the same time, (it doesn't matter)- but you would use two different forms. The marijuana is a Petition under 11361.8 H&S, (Judicial Counsel...
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2 Answers | Asked in Car Accidents, Gov & Administrative Law and Personal Injury for California on
Q: Can I file a claim with the state?

I was in an accident. A disabled car was in the fast lane with no lights, no hazards, or flares and I hit the car going 65mph. The disabled car was in an accident earlier that day and was reported to highway patrol but was never towed out of the fast lane. My question is, who is responsible?

William John Light
William John Light answered on Aug 29, 2019

The state is not responsible. The owner of the car and the driver are responsible. Potentially the person who performed maintenance on the vehicle is that is the reason it was disabled. If none of that proves fruitful, I hope you carried UM insurance. Contact a PI attorney to discuss your... Read more »

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Q: how do i appeal the state hearing division decision for a rehearing?

In Dec., 2018 i filed a request for hearing on food stamp benefits that were issued to me from 2007-2013 on a EBT card that i never had. Their paperwork confirms my first EBT card was issued in 2014. Their Case Comment Summary from my workers also confirms that no NOA was ever mailed to me through... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 27, 2019

You should contact the San Mateo County Bar Association and request a referral to a lawyer who can help you with this issue. Make sure you keep all the evidence you have and take it to a lawyer to see if s/he can be of any assistance to you. I advise you to prepare a chronological story of what... Read more »

4 Answers | Asked in Bankruptcy, Gov & Administrative Law, Sexual Harassment and Identity Theft for California on
Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine.... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Aug 7, 2019

I'm sorry for your circumstances which sound stressful and frustrating, you are certainly not alone.

You could spend a lot of time energy and money obtaining a judgment and trying to collect the judgment from someone without succeeding.

You might be eligible for a bankruptcy...
Read more »

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