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California Municipal Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Municipal Law for California on
Q: Trapping cat on my property?

Hello, my neighbor's cat has been pooping on my property for years, they even litter on my outdoor furniture. I tried to talk to the neighbor but they refused to do anything about it and says that it might be a stray cat somewhere. So I decided to set a humane trap on my back yard. In the next... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

A lot of these animal laws are local and specific. Generally, you should have the right to set the trap on your backyard if the cat is routinely trespassing on your property. You have a right to quiet use and enjoyment of your home. Look at the local codes on animal control in your jurisdiction;... Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: I was denied Rent help from an organization because I didn’t look like she wanted a person. Asking for help to look l

I have been ignored have contacted the city of Santa Ana supervisor,congressman ,program supervisor other programs and nothing

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Different legal aid clinics have received grant funding recently to help those persons harmed by the pandemic. Maybe you should speak with a clinic in your area. If they can't help you, I'm sure they'll be able to connect you with local resources. Good luck. [I litigate cases.... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Municipal Law for California on
Q: I moved in with my gf in July and started paying rent to her but I'm not on the lease, we broke up, can she evict me?

I moved in on July 1st, my ex-gf is the property manager of this building. I started paying her $1000 a month for rent which she accepted. Now we broke up and she wants to kick me out in 2 weeks, but got mad when I told her I've established that I am a tenant now since I've gotten mail... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 10, 2022

Dragging you out of the building is illegal. She cannot resort to self-help.

She cannot evict you without proper notice, correct.

Feel free to contact me if you have any further questions.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for California on
Q: i have a due process clause that i need to file either a motion for dismissal or a summary judgement, ethical violation

xxx is here now before the courts requesting ? with action of a Due Process Clause, concerning a Procedural Due Process Violation. Qui tam action, unconstitutionally denying the liberty of a fair trial as per the Fifth and Fourteenth Amendment of the Constitution Of United States of America, an... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 1, 2022

it sounds like you had a lawyer.

s/he has all the info and is in the best position to correctly advise you of the merits and possibilities of prevailing....let alone how to do it.

shouldn't the lawyer you had do this for you?

1 Answer | Asked in Civil Rights, Consumer Law, Municipal Law and Small Claims for California on
Q: Is it legal for a police department in California to release someone’s car to the wrong person then lie about DA Reject

The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »

Leon Bayer
Leon Bayer
answered on Jan 19, 2022

It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.

Your beef is with the nephew. You can sue him in small claims court.

1 Answer | Asked in Real Estate Law, Municipal Law and Small Claims for California on
Q: What recourse do I have against a AirBB next door, smoking affecting my health, I have serious asthma problems.

The guests smoke marijuana, even though they have a no smoking rule that the owner doesn't enforce, resident/son is rarely onsite to monitor, I have high risk, serious asthma and respiratory complications. They are just ignoring the problem or saying they know nothing about and say it must be... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 21, 2021

make an appt with a LOCAL lawyer for guidance. I am in Palm Springs!

if you can't afford a lawyer maybe filing in small claims for up to $10k is the answer.

i would first send a written demand letter to the owner setting forth the facts. Advised them, if this is not resolved...
Read more »

1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for California on
Q: Can city ordinance mandate the requirement of rental/leasing agreements to as establish water service at a residence?

Is it possible that city ordinance can violate civil liberties of squatters adverse possession rights by requesting rental or leasing agreements to establish water service on the property? My mother passed 8 yrs ago. My sister and I have payed back taxes for 5 years and established gas, electric,... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Jan 16, 2021

You definitely need to consult with a lawyer experienced in civil rights law. You can go to the San Bernardino County Bar Association's website ( http://www.sbcba.org/) and click on their Lawyer's Referral Service link to help you find an appropriate attorney who can help you. Do not... Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Gov & Administrative Law and Municipal Law for California on
Q: I was fined $250 under California code of civil procedure for failing to appear at jury duty. What is the fine consider

ed. I was told by the clerk that it is not a misdemeanor, but is it an infraction (like a parking ticket?) a sanction, and what is the difference? Was I “convicted” of something?

David Michael Lehr
PREMIUM
David Michael Lehr
answered on Dec 3, 2020

It is not a criminal record. Therefore, the only penalty can be, and is, a fine. Sorry about the $, but it will not hurt your life in the long run!

Good luck!

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2 Answers | Asked in Civil Rights and Municipal Law for California on
Q: What my rights against code enforcement inspections
Louis George Fazzi
Louis George Fazzi
answered on Oct 27, 2020

I need details to give you any kind of reasonable advice. Who did what, when, how, and why? Tell your story in a chronological way, from beginning to end. Identify all witnesses and what they said, did or know. Supplement that with all the records you have relating to the incident in question. Then... Read more »

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1 Answer | Asked in Criminal Law and Municipal Law for California on
Q: Can i use a bb gun as property protection in ca
Maurice Mandel II
Maurice Mandel II
answered on Oct 19, 2020

Not a good idea to use a BB gun for anything other than target practice. Probably a municipal code violation if not a penal code violation.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Municipal Law for California on
Q: Is there anything I can do to report a company that unsafely operates heavy equipment on a public sidewalk?

This is a business/industrial area without a lot of foot traffic, but there are many people that must take the bus and then walk or ride their bike to work from the bus stop. The company stores pallets near the sidewalk and drives their forklift onto the sidewalk, backing up without looking to see... Read more »

William John Light
William John Light
answered on Oct 8, 2020

If its a violation of a Municipal ordinance, you can ask the police to patrol and cite. The employer may also be in violation of workplace safety rules, so you could make a complaint to Cal-OSHA and it might investigate and require modification of the workplace practices.

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Q: Hard authorities search: Deprivation due to payment processing location being closed. Tried to pay, not possible

Preventing deprivation not possible. Need authority to cite if it exists. Trying various search terms for many days. Car booted while awaiting payment of fines, tow ordered 72 hours later, but payment processing center not open and no other means available. Tried to make payment while boot attached... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 5, 2020

IS THIS FOR CALIFORNIA?

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5 Answers | Asked in Car Accidents, Personal Injury, Gov & Administrative Law and Municipal Law for California on
Q: I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home

I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home). I was knocked unconscious for a brief period and woke up to cops around me looking at me with flashlights. I was asked if I wanted to go to the ER in the ambulance and I... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 16, 2020

MORE INFO NEEDED.

DO YOURSELF A FAVOR AND MAKE A FREE APPOINTMENT WITH A PI LAWYER WHO CAN GET YOU COMPENSATION IF YOU WERE NOT AT FAULT.

IF THAT IS THE CASE, THEN IF YOU CONTACT ME I WILL GIVE YOU SEVERAL NAMES TO CONSIDER.

HOWEVER, DON'T DISCUSS CASES LIKE THIS ON AN...
Read more »

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1 Answer | Asked in Adoption, Animal / Dog Law and Municipal Law for California on
Q: My outdoor cat was feral, then I tamed him. He isn't registered. I need to take him to the vet. Will he be impounded?

Will I be fined? Also, do vets care if pets are not registered? Do they offer pet registration services? I couldn't find anything on these in my city (Fremont)'s ordinances or regulations, so please let me know what the city law would say about this.

William John Light
William John Light
answered on Jul 27, 2020

Whether vets report unregistered pets isn't a legal question. Call the vet and ask. I've never heard of that happening, but I don't know the practices of every veterinarian.

Fremont requires a license for every dog or cat that is owned, maintained or boarded that is over...
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Q: My small town with a population less than 10K is on track to pay the city attorney 500K annually. Is this normal?
George W. Wolff Esq.
PREMIUM
George W. Wolff Esq.
answered on May 8, 2020

It does seem excessive.

Did they handle any litigation for the City?

Maybe they should put it out for bid?

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1 Answer | Asked in Criminal Law, Civil Rights, Intellectual Property and Municipal Law for California on
Q: Our house was condemned due to a fire and i dont have any place to go my boyfriend's parent's own the house but was

Arrested for tresspassing twice his parents knew we were staying there and i missed my court dates cause i dont have any transportation to get from barstow to Victorville now i have warrants am i going to go to jail

Dale S. Gribow
Dale S. Gribow
answered on Mar 3, 2020

more info needed.

you need to get a public defender to surrender you to the court to quash the warrant and explain to the court your position.

be careful posting on an open forum like this as anyone can read it..........

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?

1 Answer | Asked in Animal / Dog Law and Municipal Law for California on
Q: neighbors dog broken multiple fence boards in attempts to attack my kids, authorities don’t seem to care, what do I do?

I’ve contacted the owner, animal control, city code enforcement and local police and none of them either seem to care or say there is nothing they can do, I feel the system is failing me here and leaving me no safe options. I need some advice on how to proceed.

William John Light
William John Light
answered on Nov 13, 2019

It seems that you need a better fence. Six foot chain link or masonry so that the dog can't chew through it. If it's wood or chain link, beware. The dog can also dig under it. Neighbors have an obligation to share the expenses of a property line fence, assuming that you have otherwise... Read more »

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
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... 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
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 »

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