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California Municipal Law Questions & Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for California on

Q: Where can I find a pro bono attorney? My intentions is to file case against Hayward Police Department, Alameda County

Justice system( court houses) and All day towing. Is there any way that you guys can help me find a pro bono attorney that is willing to fight for me. I went to Legal Aid in Hayward courthouse and they told me they cannot help me because I have a big case

Louis George Fazzi answered on Jul 30, 2019

Contact the County Bar Association in your county and ask for their lawyer referral service to request they refer you to a lawyer who can assist you with your case. You may not find someone to help you pro bono, but if you have a good case you won't have too much trouble finding a good lawyer to... Read more »

1 Answer | Asked in Constitutional Law and Municipal Law for California on

Q: can person name another to act on their behalf in lawsuit due to age & health reasons?

Tim Akpinar answered on Jun 25, 2019

You really should discuss this with an attorney who practices in California. As a general matter, a power of attorney could enable a person to appoint another to act on their behalf in some settings, but a lawsuit is something that can personally involve a party, in terms of giving testimony,... Read more »

1 Answer | Asked in Contracts and Municipal Law for California on

Q: I am handicapped the association removed my handicapped sign because it had my apartment number on it is that legal

Bruce Alexander Minnick answered on May 4, 2019

The landlord is required to have a certain number of handicapped spaces depending upon the size of the parking lot. They are not required to allow a tenant to put their name or apartment number on the handicapped parking sign. In fact, if they do that it might cause them to be in violation of the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Municipal Law and Small Claims for California on

Q: I am the defendant in a case where the original judge took a matter under submission.

The plaintiff was suing me for 10,000. This amount includes rents collected after my father passed away. I agree I owed her for that, however the deposits I refuse to pay. The plaintiff did not provide a contract, its just word of mouth details. My father was a realtor and he negotiated a lease... Read more »

Thomas A. Grossman answered on Feb 7, 2019

I don't know the details of your case, but when a plaintiff wins a small claims judgment you have 30 days from the date the judgment is entered into the court record to appeal the judge's decision. If the 30 days have not run, you should immediately file an appeal of the decision with the Court.

1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on

Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits

His present wife never allowed him to be in our lives mom married him his first enlist year I was born un1964 he had vasectomy to ensure me and mynow deceased brother would have something after his death he married his wife after an affair my brother was still his custody but he died we didn't know... Read more »

Richard Samuel Price answered on Jan 16, 2019

His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for California on

Q: If I rent from my friend and her old man getting out of jail with a gun charge can I have my bb gun in my room?

Dale S. Gribow answered on Nov 6, 2018

IF HE IS THE ONE WITH ISSUES THEN HE SHOULD BE CONCERNED......NOT SO MUCH YOU.

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Municipal Law for California on

Q: What's the max jail time for poss. of ammunition?

My husband found some bullets on his way to the post office but was pulled over on his bike for not stopping at a stop sign minutes after he found them. Because he is an ex-con, he was arrested and charged with possession of ammunition. The Public Pretender he has is not trying to help him at all.

Dale S. Gribow answered on Oct 25, 2018

NEED MORE INFO

IT WOULD BE HARD FOR ANY LAWYER TO SELL THAT HE (A FELON) JUST FOUND THE BULLETS..............MINUTES B/F STOP.......NOT VERY LIKELY..............THOUGH POSSIBLE.

EVERY JUDGE SENTENCES DIFFERENTLY BASED ON THE FACTS. THE CURRENT LAWYER IS IN THE BEST POSITION TO SHARE...
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1 Answer | Asked in Criminal Law and Municipal Law for California on

Q: There's a law on the books in my city (Long Beach, CA) that no one knows the penalty for violating.

For reference, it's Long Beach Municipal Code 10.18.040. Cops can't even write a ticket or arrest someone for it, because there's no code. So instead they just tell you to leave the city! I'd like to find out what the actual penalty is.

Dale S. Gribow answered on Aug 29, 2018

I would call the city attorney in LB

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for California on

Q: I need help with my case. Judge threw out writ of Non-prosecution from victim and denied me my right to a speedy trial

me an ex were fighting He had sister call 911 he told her to say i was on my way with 2 firearms she also said i was driving up an down their street yet denies seeing me. Im proper i have call recording.Cop arrives, No suspect, all 3 adults DENY seeing me DENY positive ID of car, DENY hearing a... Read more »

Dale S. Gribow answered on Mar 21, 2018

NEED MORE INFO

UNLESS YOU HAVE A LOT OF MONEY YOU ARE MAKING A MISTAKE NOT HAVING THE PD.........YOU MIGHT ASK FOR ANOTHER TO BE APPOINTED BUT IT SOUNDS LIKE IT IS THE JUDGES DECISION NOT THE WORK PRODUCT OF THE PD............

1 Answer | Asked in Federal Crimes, Legal Malpractice, Military Law and Municipal Law for California on

Q: Is pepper spray illegal? If not then what other legalities are connected to it? Aka subdivisions.

Subdivisions...age of consent

possible prior conviction...

Does it depend on whether indoors/outdoors etc.

William John Light answered on Jan 10, 2018

Penal Code Title 2: Control of Deadly Weapons Chapter 4: Tear Gas Weapons Article 1: General Provisions Section 12403.7

Notwithstanding any other law, any person may purchase, possess, or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for California on

Q: is there a provision in California statutes by which a municipality is required to indemnify police officers

Peter N. Munsing answered on Dec 29, 2017

Not clear what this is in regard to? For costs of defense? Please reframe. If you are an officer, the relevant FOP unit or it's attorney could answer your question.

1 Answer | Asked in Constitutional Law, Federal Crimes, International Law and Municipal Law for California on

Q: I JUST DID...A RESPONSE IS WELCOMED , IF NO RESPONSE THEN SO BE IT...

In Journal of Civil LAW Studies-Translations Preface to the LAWS of the SIETE PARTIDAS WHICH are STILL in FORCE in the STATES,? Etc...In 1769 an the SETTLING OF ALTA CALIFORNIA and SPANISH INSTITUTIONS,PRESIDIOS ('THE ROYAL FORT,SAN DIEGO'),MISSIONS ( Ecclesiastical Laws)And PUEBLOS- LOS ANGELES-... Read more »

Richard Sternberg answered on Dec 28, 2017

I’m not going to take the time for the historical research, but IIRC, California was surrendered to the US by Act of War from Spain at the end of the Spanish-American War. Nothing prior to the conquest counts at International Law unless the victor affirmatively adopts it. Often, the victor adopts... Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for California on

Q: Can CA city councils enact ord. concerning an approved for circulation petition that are different than the petition

I have submitted a petition to add a specific ordinance to the city code. While I am gathering signatures, can the city council pass an ordinance that is different from the one I am circulating? Are they restricted from doing anything except pass the proposed ordinance in the petition.

David Keith Hicks answered on Dec 6, 2017

Yes, of course they can. If they follow the rules for hearings, readings etc. You at the same time can proceed with your "different" petition. You can tell signers what the difference is if you like.

1 Answer | Asked in Business Law, Civil Rights and Municipal Law for California on

Q: Can a city choose to allow cannabis related businesses even if it is banned inside the same county?

Louis George Fazzi answered on Nov 6, 2017

The short answer is probably yes. Many small cities are looking to take advantage of the relaxed marijuana laws as a source of income for the residents.

2 Answers | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for California on

Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?

I live in Fairfax, CA. I have a neighbor who doesn't like that I do this, even though we can hardly see each other's houses through the trees. I'd be willing to put up a railing if that's an issue.

Gerald Barry Dorfman answered on Aug 16, 2017

To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with... Read more »

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1 Answer | Asked in Civil Rights, Landlord - Tenant and Municipal Law for California on

Q: Can I have a vehicle towed from rental property that I manage legally?

My tenant agreed to allow a person to park a small bus under the carport of the single family home she rents from me. The agreement was for $20.00 a month and things went smoothly for the last 6 months until my tenant noticed the van was being plugged into her elec. and her water was being used.... Read more »

Louis George Fazzi answered on Aug 12, 2017

You should retain the services of a lawyer experienced in landlord-tenant rights. Since the tenant made the deal with the owner of the bus to store the vehicle on property she rents, it is her responsibility to deal with her subtenant. However, if the tenant grants you authority to deal with the... Read more »

3 Answers | Asked in Civil Rights, DUI / DWI and Municipal Law for California on

Q: What is my best option for contesting a Civil Citation for possessing alcohol on the beach?

I recently received a civil citation for possession of alcohol on the beach in Huntington Beach CA. The fine associated with the ticket is $125. I was considering contesting due to financial hardship as I'm a recent graduate and still have $75k plus in student loan debt that I am actively paying... Read more »

Louis George Fazzi answered on Jun 25, 2017

If you can offer proof that the date of the ticket is the wrong day, i.e. some evidence of where you were at the same time on the day the ticket was dated, then you might have a good shot at getting a not guilty for the ticket. You'll have to contest it by appearing and pleading not guilty. Gather... Read more »

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1 Answer | Asked in Entertainment / Sports, Land Use & Zoning and Municipal Law for California on

Q: 1. I'm a musician. Do I need a (police) 'permit' to sell tickets and play live gigs in my California apartment?

I'm a musician. I play live solo acoustic guitar some evenings in my apartment for friends and friends of friends etc. All my sets are cover songs from various artists. I receive many requests that differ on each evening of course. Each guest usually contributes between $10 - $20. Some evenings I... Read more »

Ali Shahrestani, Esq. answered on May 16, 2017

You may be violating your lease, zoning, and/or licensing laws relating to music venues. You may need contracts with the additional musicians. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... Read more »

1 Answer | Asked in Municipal Law and Traffic Tickets for California on

Q: Help with interpreting parking signs in Los Angeles municipality, California

Recently, at 11pm, I had to find a parking spot in a packed neighborhood in LA. I found a parking spot in the area I outlined on the picture: http://i.imgur.com/RIDc0yE.jpg However, there was a sign saying that parking from 10pm to 6am was prohibited http://i.imgur.com/RjUz0Un.jpg Since there were... Read more »

David Dastrup answered on Apr 26, 2017

No attorney that I am aware of handles parking tickets from a defense perspective. While I have done it for a city--rare experience--most parking tickets are not worth the effort to fight considering the cost of legal services compared to paying the ticket or the reward of winning.

But if...
Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Municipal Law for California on

Q: If I am a Canadian citizen with a Canadian Driver's License in California under a temporary TN Visa, do I need a Cal DL?

Do I need a California Driver's License? I intend to go back to my permanent address in Canada. I did some research and found this website, but I wanted to confirm: http://www.getty.edu/osip/pdfs/driving_terms.pdf

Peter N. Munsing answered on Apr 14, 2017

Depends how temporary. In most states you can get by with an international drivers license but its 10 days after you become a california resident. You can always ask the Canadian consulate out there or the embassy in DC

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