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1 Answer | Asked in Business Formation, Business Law and Government Contracts for Utah on
Q: When referring to a DBA, is there any other legal term that can be used instead of "a company of.."? Like for websites?
Wesley Winsor
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Wesley Winsor
answered on Jan 9, 2024

It seems like you're inquiring about alternative legal terminology for "a company of..." in the context of a DBA, which stands for "doing business as." Just to clarify, a DBA is simply a declared alias that a company or an individual is using for their business activities.... View More

Q: Filing DPA complaint against a police officer/police department/city or state vs filing an administrative tort claim

What is the statute of limitations for each? What charges i.e., criminal vs civil can be filed through each, and what is the dollar limit for each? Can I request investigation details and use garnered information as evidence for alternate or separate litigation?

James L. Arrasmith
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answered on Jan 5, 2024

In California, the statute of limitations for filing a complaint against a police officer or department, typically under the Department of Police Accountability (DPA), is usually within a specific timeframe from the incident's occurrence. This timeframe can vary but is often around six months... View More

Q: Can an EU country sanction another non-EU country without UN approval of the sanction first?
James L. Arrasmith
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answered on Jan 3, 2024

Yes, an EU country can impose sanctions on a non-EU country without the prior approval of the United Nations. While UN sanctions carry international weight and are adopted by member states, individual countries or groups like the EU have the authority to implement their own sanctions based on their... View More

1 Answer | Asked in Bankruptcy, Federal Crimes and Government Contracts on
Q: So I asked why the U.S.paid UNIDROIT yearly for the use of the UCC, which I was told they didn't and some story about

Two guys creating it. Did the United States not sign the UNIDROIT TREATY in 1964?

When acting to enforce statutes, doesn't that make all judges in America administrative clerks? Thomspson vs Smith

If there has not been judicial courts in America since 1789!!!! Are American... View More

James L. Arrasmith
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answered on Dec 31, 2023

Your questions touch on a variety of complex legal and historical topics. First, regarding the Uniform Commercial Code (UCC) and UNIDROIT: The UCC is a comprehensive set of laws governing commercial transactions in the United States. It was created by domestic legal scholars and experts, not by... View More

Q: CA State court has jurisdiction over FCA medicare violation. This means FCA claim can be brought in state court?

CA State court has jurisdiction over FCA medicare violation. This means medicare FCA claim can be brought in state court?

James L. Arrasmith
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answered on Dec 30, 2023

In general, cases involving the federal False Claims Act (FCA), especially those related to Medicare violations, are under the jurisdiction of federal courts. The FCA is a federal statute, and its enforcement typically falls within the purview of the federal legal system. This includes cases where... View More

Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint

1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.

Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?

James L. Arrasmith
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answered on Dec 24, 2023

To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating... View More

Q: What is a magistrate judge's duty under 28 U.S. Code § 1738?

Plaintiff files with Clerk the out of state decision, same issues, same parties, same subject matter....decision is for the plaintiff and the law referenced is a federal law. Yet, judge didn’t even acknowledge the other state decision and applied the wrong state law to my federal question.... View More

James L. Arrasmith
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answered on Dec 17, 2023

Under 28 U.S. Code § 1738, a magistrate judge has the duty to give full faith and credit to the judicial proceedings of other states, as long as those proceedings adhere to the legal principles of the state where they were conducted. This means that if a decision is made in one state, other states... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and White Collar Crime for California on
Q: Filing federal complaint- question.

Please advise on formatting requirements of Central District Court.

James L. Arrasmith
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answered on Dec 14, 2023

When filing a federal complaint in the Central District Court, it's important to adhere to specific formatting requirements to ensure that your document is accepted by the court. Here are some general guidelines:

Document Size and Margins: Use standard 8.5 x 11-inch paper size. Margins...
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1 Answer | Asked in Government Contracts and Criminal Law for California on
Q: Question about the attorney cliant relationship . The attorney is a conflict panel attorney hired by local government.

The cliant is accused of a felony. The attorney later becomes a judge and the former cliant is now before his former attorney now judge.

.is a conflict panel attorney considered a state attorney , and can the judge heater the case ?

Please and thank you . I think this is a hard one

James L. Arrasmith
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answered on Nov 27, 2023

In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to... View More

Q: Can i sue primary health care for misrepresenting me defamation of character amd conflict of interest

I was homeless 2021 2022 and i lived on the streets so i and a girlfriend decided to sign into the homeless outreach program through primary health care tp which we were assigned a case worker by the name of xx now this worker never assited me in any of the services that primary health care offer... View More

James L. Arrasmith
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answered on Nov 16, 2023

To consider a lawsuit for defamation of character, misrepresentation, and conflict of interest against Primary Health Care, you'll need to establish specific legal elements. For defamation, you must prove that a false statement was made about you to a third party, causing harm to your... View More

1 Answer | Asked in Government Contracts, Election Law, International Law and Social Security for South Dakota on
Q: Hey can you provide me some landmark cases related to extra territorial election disputes
James L. Arrasmith
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answered on Feb 8, 2025

Extraterritorial election disputes involve legal challenges where actions or laws beyond a nation's borders impact its electoral processes. While such cases are relatively rare, several notable instances illustrate the complexities involved, and I suggest that you go to your local law library... View More

Q: How can I do it to see the abode program here in napa for wrongfully taking my room away and throwing my things away

Me and my spouse got into angument at the motel 6 homeless shelter we were housed at in separate rooms, he ended up choking me. That night I went to Safeway and he was outside with two friends he tryed to attacke so I peppered sprayed him his friends called the police on me and had me arrested at... View More

James L. Arrasmith
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answered on Feb 5, 2025

It sounds like you’ve been through a really tough and unfair situation. If your belongings were taken or thrown away without giving you a chance to retrieve them, that could be a violation of your rights. You may want to reach out to local legal aid services or a tenant advocacy group in Napa to... View More

1 Answer | Asked in Foreclosure, Government Contracts, Medical Malpractice and Social Security for Oregon on
Q: If given a HAF Grant, shouldn't any important papers be sent verifiable mail?

Where. Did the grant money go that I was told originally "was put into an account on my name and if I ever needed any of it just call and tell them and they'd cover mortgage as needed with funds in my name but they keep all interest"?!

James L. Arrasmith
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answered on Jan 24, 2025

When dealing with something as significant as a HAF grant, sending important documents through verifiable mail is crucial. This ensures there’s a reliable record of delivery, giving you peace of mind and providing proof if disputes arise. If papers were not sent securely, it’s worth reaching... View More

1 Answer | Asked in Foreclosure, Government Contracts, Legal Malpractice and Social Security for Oregon on
Q: Why am I receiving this stuff when I'm not a professional anyone, just a disabled senior that got her information taken

In mortgage company breach and has lost everything but home which they are foreclosing on now?! Neat business moves for them!

James L. Arrasmith
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answered on Jan 24, 2025

I’m so sorry you’re going through this—nobody should have to deal with such stress and loss. It sounds like you’ve been caught in a really tough situation with the breach and foreclosure, and it’s completely understandable to feel overwhelmed. When a data breach compromises personal... View More

Q: If I post a sign and declare public use what uses are valid and do I have to request permission to initiate this use

There is a dwp owned property that is unlisted by the county near me

James L. Arrasmith
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answered on Jan 22, 2025

I need to be very clear - posting signs cannot legally establish public use rights on DWP (Department of Water and Power) property, as this would constitute trespassing on government-owned land. This could result in serious legal consequences.

The proper way to request public use of DWP...
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2 Answers | Asked in Government Contracts for California on
Q: Hospice fraud

To which government organizations hospice fraud has to be reported? Are courts where FCA is filed included into such organizations ?

Robert Kane
Robert Kane
answered on Jan 21, 2025

I suggest you start by Googling "California hospice fraud."

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1 Answer | Asked in Tax Law and Government Contracts on
Q: How can I get the stemless check
James L. Arrasmith
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answered on Jan 10, 2025

To get a stemless check, you'll need to contact your bank directly and request this specific type of check. These checks don't include the bottom portion that's typically torn off and retained for record-keeping.

When speaking with your bank, make sure to mention that you...
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Q: I was pepper sprayed by a aggressive 3rd party security guard. Was discriminated against and guard would allow me in.

I visited the Social Security Office in Sacramento to obtain a copy of my daughter’s Social Security card and inquire about my disability benefits. Upon arrival, a security guard stopped me at the entrance, asking about my purpose. I presented my ID and my daughter’s birth certificate, but he... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you experienced that distressing situation. You have the right to file a formal complaint with the Social Security Administration's Office of the Inspector General. Providing them with detailed information about the incident, including names, dates, and any witnesses, can help... View More

1 Answer | Asked in Civil Litigation, Government Contracts and Health Care Law for California on
Q: Enforcing proper service of subpoena for records crucial for lawsuit.

Process server/deposition officer was paid for personal service of discovery deposition subpoena for records of witness.

Proof of service included technical errors.

Process server refuses to re-serve opposed subpoena.

What motion/declaration shall be filed with court, to... View More

James L. Arrasmith
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answered on Jan 3, 2025

You can file a motion for an order directing the process server or deposition officer to properly re-serve the subpoena. Provide a concise statement of the facts showing how the original proof of service contained errors. Attach copies of any supporting evidence that shows the server refused to... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Florida on
Q: what kind of lawyer do I look for to sue a county government?

The citrus county ship PROGRAM was to build a house for my father, a veteran. Unfortunately, my father had no control over the building. The county was asked several times about the septic and drain field that was to be replaced per the contract, during building. All I got was the run around.... View More

Tim Akpinar
Tim Akpinar
answered on Dec 29, 2024

A Florida attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your father and the ordeal you have gone through with the property. What kind of lawyer? You could start by making calls to attorneys who have experience with real estate... View More

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