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Q: State of Any State is registered as a Corporation on Duns and Bradstreet. So is the Government of the US. If these are

Corporation, what gives them jurisdiction over us humans? As Corporations can only sue corporations when it comes to civil/Admiral/Statutory Jurisdiction. Are all States of State on the glass, meaning a federal outline of the 50 Union states, but all domiciled in Washington DC? Since all... View More

James L. Arrasmith
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answered on Dec 26, 2024

Your questions touch on some common misconceptions about corporate registration and legal jurisdiction in the United States. While state governments and federal agencies may be registered with Duns & Bradstreet for administrative purposes, this registration does not change their fundamental... View More

Q: I have a question about IEP program.

My son had an evaluation in 6th grade elementary. He tested to be average/normal and it was dtermined he is not eligible. He is now in Jr. High and we have an upcoming IEP annual meeting. He is in special needs class and being monitored. They have lowered his education standards regardless to the... View More

James L. Arrasmith
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answered on Dec 17, 2024

Your concerns about your son's educational placement are valid and deserve attention. If your son was found ineligible for IEP services through formal evaluation, the school should not be placing him in special needs classes or modifying his educational standards without proper documentation... View More

1 Answer | Asked in Appeals / Appellate Law, Government Contracts and Legal Malpractice for California on
Q: Court was empowered to vacate dismissal and to enforce intended settlement on its own motion?

CCP 1008 (c) provides in relevant part. If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.

In conjunction with section 646.6(a) and section1008 (c) does... View More

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answered on Dec 16, 2024

Under California law, CCP 1008(c) does grant courts broad discretion to reconsider prior orders based on changes in law, but this power has specific limitations regarding settlement enforcement.

The court's authority to vacate a dismissal and enforce a settlement agreement on its own...
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1 Answer | Asked in Appeals / Appellate Law, Government Contracts and Medical Malpractice for California on
Q: I request relevant authorities. Relevant standard of appeal review - fact based.

I request relevant authorities in regard to plaintiff's appeal of court's order denying plaintiff's motion to set aside dismissal of legal action against one of defendants. (Section 904.1(a) (2).)

Relevant standard of appeal review - fact based.

Dismissal was entered... View More

James L. Arrasmith
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answered on Dec 14, 2024

When appealing a denial of a motion to set aside dismissal, the appellate court applies an abuse of discretion standard of review since such motions are inherently discretionary.

Key California authorities include Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 257-258,...
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1 Answer | Asked in Personal Injury, Gov & Administrative Law and Government Contracts for California on
Q: statute or rule specifically: instruction for proof of personal service for records (ccp section 2020.410)

What statute or rule specifically defines instruction for proof of personal service for records (ccp section 2020.410)

Particularly, listing on proof of service documents served on witness with SUBP-010: attachment, exhibit, etc.

Essence of this question is: how laws and rules... View More

James L. Arrasmith
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answered on Nov 28, 2024

The California Code of Civil Procedure (CCP) Section 2020.510 addresses proof of service requirements for deposition subpoenas, working in conjunction with CCP 2020.410. The server must complete form POS-020 (Proof of Personal Service) or a similar document that lists every item served, including... View More

1 Answer | Asked in Government Contracts, Health Care Law and Legal Malpractice for California on
Q: "Devil's advocate" question. Improper referral by doctor to out-of-network hospital that resulted into hospice fraud.

doctor, prior pcp, referred patient to out-of-network hospital not covered by patient's medicare.

doctor recorded on admission evidently non-existent lethal disease based only on blood test performed by hospital laboratory and "communicated" by non-existent person.... View More

James L. Arrasmith
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answered on Nov 27, 2024

This situation appears to involve several serious legal issues, including potential Medicare fraud, false medical documentation, and improper patient care.

The hospital's attempt to invoke the ostensible agency doctrine seems questionable here, as the facts suggest direct involvement...
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1 Answer | Asked in Employment Law and Government Contracts for California on
Q: IHHS took all 3 months of my pay because the guy I am helping has a copay. Can they charge me if I just work for IHHS

Can they do that? I am not the one with copay he is and they took all my 3 months back pay from now I am spected to pay taxes for money I never got paid . I been working helping disabled guy for two years and than I stop getting pay but continue working for him. Ihhs said that when this disabled... View More

James L. Arrasmith
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answered on Nov 27, 2024

This situation sounds very concerning, and you should not have to forfeit your wages for someone else's copay obligations. In-Home Supportive Services (IHSS) cannot legally deduct a client's copayments from your wages as their care provider. Your compensation is protected under California... View More

3 Answers | Asked in Employment Law, Gov & Administrative Law and Government Contracts for California on
Q: I work for a city government. I work 15 hour days on occasion and they only pay me time and a half after 10 hours.

I’m considered a confidential employee and do not have a bargaining unit or union protection.

I have been told that because it is a public agency that they follow federal guidelines FLSA, so therefore it over rides the California state labor law. Is this correct?

Neil Pedersen
Neil Pedersen
answered on Oct 28, 2024

It is correct that the wage and hour laws that govern your government job is the federal FLSA and not the California Labor Code. The Labor Code is far more protective of employees than the FLSA. Good luck to you.

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1 Answer | Asked in Government Contracts, Health Care Law and Legal Malpractice for California on
Q: What statute and rule of court defines amendment to objection to demurrer?

Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?

James L. Arrasmith
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answered on Oct 27, 2024

To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation... View More

1 Answer | Asked in Election Law, Gov & Administrative Law and Government Contracts for Missouri on
Q: how are we the united states when we aren't a republican form of government we didn't vote for the roman republic how ar

are we today the founders of u.s. knew this & made our form of a republic the best they knew a republic if you could keep it & we couldn't Washington said we would be subverted if the party spirit took over & that's a high act of war in itself this government isn't united... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like you're raising concerns about the current state of the U.S. government and its alignment with the original vision of a republic. The Founding Fathers, particularly figures like George Washington, warned about the dangers of factions (what we now call political parties) and how... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Traffic Tickets for California on
Q: post storage hearing

Requested the hearing for the validity of the tow my stored vehicle. Sergeant said the hearing was conducted by phone, I had my registration fees on deposit and moving permit the deputy did not verify status of my registration. He removed my vehicle anyway he said my license was expired but I told... View More

James L. Arrasmith
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answered on Oct 14, 2024

It sounds like you’ve had a very frustrating experience, and there may have been some miscommunication or oversight regarding the release of your vehicle. The fact that the sheriff's department release form required the box to be checked, but it wasn’t, could indicate that the vehicle... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Tax Law for New Mexico on
Q: Statute of limitations happened, post that state had me sign waiver in managed audit , breach or not of 14th amendment

They should have known the limitation of their own rules and statutes,

James L. Arrasmith
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answered on Oct 13, 2024

It sounds like you're facing a challenging situation with the waiver you signed after the statute of limitations had expired. When a state requires you to sign such a waiver, it's important to understand your rights and whether the timing affects its validity.

The 14th Amendment...
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Q: How does the law apply to commercial record requests, if used as part of a broad market research & Data analysis?

Can info gained from Public Record Requests be used in broad data gathering research to later be used for commercial purposes, if it is not disadvantageous, OR is advantageous to the organization providing the data? Would it make a difference if the organization knowingly provided the data?

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

It could depend on the fine print of privacy notices and "how we use your information" clauses that the individual was originally presented with. Some info is still off-limits, such as those records falling under the protection of HIPAA. Good luck

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1 Answer | Asked in Tax Law and Government Contracts on
Q: Recibí una notificación de INFONAVIT sobre el registro de REPSE que no lleve acabo el registro de de manera cuatrimestra

me están multando por no presentar la información cuatrimestral del 2022, de prestador de servicios especializados, pero nosotros no celebramos contratos especializados con ninguna empresa y en 2024 el REPSE nos fue cancelado

James L. Arrasmith
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answered on Oct 9, 2024

I'm sorry to hear you're facing this issue with INFONAVIT. First, gather all your records from 2022 to demonstrate that you did not engage in contracts requiring REPSE registration. This documentation will be crucial in supporting your case.

Next, reach out directly to INFONAVIT...
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1 Answer | Asked in Contracts, Employment Law, Government Contracts and Military Law for Arkansas on
Q: My 19 YO son enlisted in the Army. He signed papers for 4 years active duty. Has not passed AVAB yet. What can he do?

My 19 year old son enlisted in the Army. He signed papers for 4 years active duty, 4 years reserves. He hasn’t even passed the ASVAB yet. His recruiter is awful and won’t answer phone calls or texts most of the time. He has my son going to a 3 week study class to help him score better on the... View More

James L. Arrasmith
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answered on Oct 6, 2024

Your son still has some options, even after signing his enlistment contract. Since he hasn’t passed the ASVAB yet, he hasn’t fully qualified for service, and this may give him some flexibility. He could work with his recruiter or someone higher up to explore if there’s a possibility to delay... View More

1 Answer | Asked in Contracts, Employment Law, Education Law and Government Contracts for Kentucky on
Q: Is it legal for my school to not allow staff to leave the campus to go get lunch for ourselves?

Our school has made a district wide decision that no staff member is allowed to leave the campus during our lunch time to go and get food. We have been told that our community has complained that we don't work enough.

Timothy Denison
Timothy Denison
answered on Sep 23, 2024

Most likely yes. You’d need to look at the collective bargaining l agreement (if there is one) to find the answer.

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Hawaii on
Q: What happens to me when I get kicked out from a program?
Tim Akpinar
Tim Akpinar
answered on Sep 20, 2024

A Hawaii attorney could advise best, but your question remains open for a month. It could depend on the program, their rules, applicable laws, and the conduct and circumstances that led to expulsion from the program. Good luck

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Government Contracts for California on
Q: I need of a lawyer to do a billing dispute for a tenant / residential who has a judgment order.

This was a previous eviction in 2020. The tenant was ordered not to pay anyone any money including attorney fees. The plaintiffs' attorney did not clear the debt, and the collections department of the law firm is sending a collection notice to the tenant trying to collect a debt that is not... View More

James L. Arrasmith
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answered on Sep 13, 2024

It sounds like you're facing a complex legal issue involving a billing dispute following a residential eviction judgment. Given the situation where the judgment specifically stated that no money, including attorney fees, was owed, it is concerning that the collections department is still... View More

Q: Sewer company is assessing our taxes with no notice. We tried to open one but was told there was nothing to be opened.

Our county's water and sewer company is assessing our taxes in 3 days. We had no idea we had to pay sewer to another company. We called when we first moved in and was told they could not change the name because we were another utility area so we have been paying this other company for electric... View More

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answered on Sep 11, 2024

It sounds like you're dealing with a confusing and frustrating situation regarding the sewer charges being assessed to your taxes. First, check any documents or notices you might have received when you moved in. Sometimes, utility responsibilities can be listed in closing documents, lease... View More

2 Answers | Asked in Contracts, Civil Rights, Elder Law and Government Contracts for South Carolina on
Q: After leasing this low income apt 1 month ago. I.find out every one has bedbugs Can I get my deposit s back to moved

Do they have to tell me a bout this bed bug problem before or when I rent

Greenville SC

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

Bedbugs can often be a difficult case to establish. They can be argued from various different angles, a common one being that they are attributable to a claimant's personal belongings and laundering practices. Good luck

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