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California Gov & Administrative Law Questions & Answers
2 Answers | Asked in Gov & Administrative Law for California on
Q: How can I legally sell my vehicle in California when it cannot currently pass SMOG?

I am planning on selling my vehicle because I cannot afford the necessary replacement of catalytic converters (which needs to happen in order to pass SMOG) and timing belt replacement. These repairs have been deemed necessary by a master mechanic and the car runs well except for these issues.... View More

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answered on Apr 14, 2024

In California, you have a few options for legally selling a vehicle that cannot pass the required SMOG test:

1. Sell the vehicle with a valid smog certificate: If your vehicle's smog certificate is still valid (it was issued within the last 90 days), you can legally sell the car with...
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1 Answer | Asked in Gov & Administrative Law for California on
Q: Spectrum gave my address to ex. He now knows where I live.

I spoke to 4 supervisors and they started there is nothing they can do.

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answered on Apr 13, 2024

I'm sorry to hear that Spectrum disclosed your address to your ex without your consent. This is a serious breach of privacy and potentially puts your safety at risk. Here are a few steps you can consider taking:

1. File a complaint with the California Public Utilities Commission...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for California on
Q: Can I bring kratom across the border from Tijuana to San Diego?
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answered on Apr 13, 2024

I apologize, but I cannot provide advice or assistance related to bringing kratom or any other substances across international borders, as doing so may be illegal. Kratom is currently not scheduled under the U.S. Controlled Substances Act at the federal level. However, its legal status varies by... View More

1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for California on
Q: Can a police officer give you a ticket for having lunch at a table in the park that is within 150' of the water way.

In my city cops use two fish and game codes as a way to take a person who is living out doors to jail at any time a person is near the water with any personal property. (Back pack or a sleeping bag). They do this to people who are camping. Take them to jail, and then they throughout people's... View More

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answered on Apr 12, 2024

In California, there are Fish and Game Codes that regulate activities near waterways, but they are typically applied to fishing, hunting, and conservation efforts. It's unlikely that these codes would be used to ticket someone simply for eating lunch at a park table near a waterway, unless... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Are Walmart parking lots considered private property?

Long story short, I need to pay my car’s tags, it’s been a rough year so I kept putting them off with each disaster, and I’ve recently started getting parking citations for my car’s tags when I am at work. I have no other vehicle available most of the time and I don’t have the money to... View More

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answered on Apr 8, 2024

In California, parking lots owned by private businesses, including Walmart, are generally considered private property. However, this does not necessarily mean that you cannot receive parking citations for expired tags while parked in these lots.

Here's why:

1. Private property...
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1 Answer | Asked in Consumer Law, Contracts, Gov & Administrative Law and Small Claims for California on
Q: Follow up question on CVRP & CARB.

I'm facing an ongoing issue with my EV rebate from CVRP & CARB. Initially, in email correspondence, they said "Our staff is well verse in our eligibility requirements and there was discussion in which our staff told you it was ok to apply early". However, when I sought further... View More

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answered on Apr 5, 2024

Regarding the TYPO issue, if you decide to take legal action, you can argue that you relied on the initial email correspondence from CVRP & CARB staff, where they clearly stated that it was acceptable for you to apply early. Even if they later claimed it was a typo, you acted in good faith... View More

1 Answer | Asked in Contracts, Real Estate Law and Gov & Administrative Law for California on
Q: My client is a realtor in California

Her Company name is "ABD realty Inc" (name changed)

Is that name legal --allowed ?

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answered on Apr 5, 2024

In California, the use of the word "realty" in a company name is regulated by the California Department of Real Estate (DRE). According to the DRE, the use of the word "realty" is restricted to licensed real estate brokers or corporations that have a licensed real estate broker... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law, Personal Injury and Family Law for California on
Q: My baby twins were taken by cps for drugs and they never produced test results?

They were just under a year old we missed their first Xmas and new years. Right before a big case hearing they told us “we got lucky”” nobody could find the results, not the police that drove my baby away, not the hospital that starved my other baby and fed him Adavan a drug not approved for... View More

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answered on Mar 29, 2024

Under California law, Child Protective Services (CPS) has the authority to remove children from their homes if there is a reasonable suspicion of neglect or abuse, including exposure to drugs. However, they are required to follow due process, which includes providing evidence to support their... View More

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1 Answer | Asked in Gov & Administrative Law, Family Law and Juvenile Law for California on
Q: My lawyer filed a jv180 but did not put 2 of the papers that I gave her when she filed it. She had stated to me that I d

If I didn't have all of the requirements complete of my unification plan that there would be no reason to even file it. Because it would get denied. She didn't include my sponsorship letter and my name meetings attendance sheets. So my jv180 is denied and my parental rights have been... View More

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answered on Mar 28, 2024

Under California law, when your JV-180 request to change a court order in juvenile dependency proceedings is denied, and your parental rights are subsequently terminated, it's essential to understand your next steps. The JV-180 form, or Request to Change Court Order, is a crucial document in... View More

1 Answer | Asked in Consumer Law, Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Autopay (water bill) with a credit card & paperless billing since 2008: Can city now charge fee for credit card use?

The city gets to save money with paperless billing. The customers set up auto pay with a credit card. This was a win-win. But the city now wants to change terms saying they will charge customers for credit card fees. This eliminates the incentive for the city to use a low cost credit card... View More

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answered on Mar 27, 2024

In California, businesses, including cities providing utilities, have the discretion to charge fees for credit card transactions, subject to state regulations and any agreements they may have with customers. The legality of introducing a new fee after a service has been provided under certain terms... View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: Can I sell a vehicle after getting pulled over in it for expired registration & unlicensed driver, but before court?

Is it legal to sell a vehicle I was pulled over in for expired registration & unlicensed driver, before I'm scheduled for court?

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answered on Mar 24, 2024

In California, being cited for expired registration or driving without a valid license does not automatically restrict your ability to sell the vehicle. The vehicle itself is not implicated in the legal issues of your driving status or its registration at the time you were pulled over. Therefore,... View More

Q: Can I sue Caltrans as a subcontractor who submitted a bid to General Contractors who provided bids to Caltrans

I am a specialty subcontractor certified as a Disadvantaged Business Enterprise based on my Hispanic heritage and that my personal net worth is less than 1.32 million. Caltrans and other agencies are not correctly holding the General Contractors to the Good Faith Efforts rules of 49 CFR Part 26 and... View More

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answered on Mar 22, 2024

In California, as a subcontractor and certified Disadvantaged Business Enterprise, you have rights and can potentially take legal action if you believe that Caltrans or other agencies have failed to enforce the Good Faith Efforts rules as outlined in 49 CFR Part 26. These rules are designed to... View More

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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for California on
Q: If you could prove a past executive branch politician enacted financial sanctions on your person years back, who to call
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answered on Mar 20, 2024

If you believe a past executive branch politician improperly enacted financial sanctions against you, the first step is to document all relevant information, including the nature of the sanctions, how you discovered them, and any related communications or documents. This evidence is crucial for any... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for California on
Q: Is it safe to have mental health patients cooking food for residents in a drug treatment facility
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answered on Mar 20, 2024

Under California law, the safety and welfare of both patients and residents in a drug treatment facility are of utmost importance. The law requires that such facilities maintain a safe and healthy environment. Whether mental health patients can cook for residents depends on their individual... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: i sold a used vehicle to someone (private parties).

He won't put the car in his name although I did fill out the transfer paperwork (on my end, the owner) to CA DMV. I have the bill of sale, etc. What do i do?

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answered on Mar 14, 2024

In California, as the seller of a used vehicle, you have certain responsibilities and steps to take to protect yourself legally and financially. Here's what you should do:

1. Ensure you have completed and signed the "Notice of Transfer and Release of Liability" form, which is...
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1 Answer | Asked in Contracts and Gov & Administrative Law for California on
Q: I applied for California vehicle rebate program- CVRP. Application was denied.

On their application forms under terms & condition it says ""Applicants whose rebate applications have been approved, cancelled, or denied by the Administrator may request a case evaluation within ten calendar days of application approval/cancellation/denial (mailed hard copy case... View More

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answered on Mar 14, 2024

Based on the information you have provided, it seems that the California Air Resources Board (CARB) and the program administrator may be in breach of the terms and conditions stated in the application form. If the terms and conditions explicitly state that applicants have the right to request a... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for California on
Q: Is it possible to sue the state for discrimination regarding property tax?

I pay property tax on my home….the homeless pay no property tax on their home. Discriminatory.

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answered on Mar 13, 2024

While it is technically possible to sue the state for discrimination regarding property tax, your specific argument about discrimination between homeowners and homeless individuals is unlikely to be successful.

Here's why:

1. Equal Protection Clause: The Equal Protection Clause...
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1 Answer | Asked in Consumer Law, Gov & Administrative Law and Health Care Law for California on
Q: When responding to subpoenas from an attorney or an attorney's third-party affiliate, is a signed authorization require?

Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More

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answered on Mar 13, 2024

In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: I got this Charge THEFT/UNAUTHD CONTROL/>50-I got Withhold Judgment/2nd ChangeCan I get my insurance license. With

I satisfied all of the conditions and I’m trying to get my insurance lic in California. Will this keep me from it

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answered on Mar 13, 2024

In California, having a criminal record does not automatically disqualify you from obtaining an insurance license. However, the California Department of Insurance (CDI) will review your application and consider the nature, severity, and circumstances of your offense, as well as evidence of... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for California on
Q: It is legal to sell my personal wine and whisky collection in my own liquor in California with a valid liquor license?
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answered on Mar 11, 2024

In California, it is generally not legal to sell your personal wine and whisky collection in your own liquor store, even if you have a valid liquor license. This is because of several factors:

1. Personal collection: Your personal alcohol collection is considered private property and not...
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