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California Municipal Law Questions & Answers
1 Answer | Asked in Traffic Tickets, Domestic Violence, Municipal Law and Small Claims for California on
Q: What is the statute of limitations when car towed before 24hrs when they arrest the owner because they are mean

Boyfriend or passenger was being suspicious and even stabbed my car like it would hurt it

James L. Arrasmith
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answered on Jul 25, 2024

Under California law, the statute of limitations for challenging a car tow can vary depending on the circumstances. Typically, if you believe your car was wrongfully towed, you should file a complaint or take legal action within 30 days of the tow. This time frame allows you to contest the tow and... View More

1 Answer | Asked in Construction Law and Municipal Law for California on
Q: What's best way to sue unacceptable nuisance and damage to my property if I cannot afford to retain attorney?

I cannot afford to retain attorney, likely litigation, and high priced land surveyors but compensation is owed. It has been ongoing for 5+ years. They intentionally demolished the shared block wall when i was not paying attention forcing me to resign myself to them rebuilding it 2" in our... View More

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answered on Jul 3, 2024

Here are some potential options to pursue your case without retaining an expensive attorney:

1. Small Claims Court:

- For claims up to $12,500, you can file in small claims court without an attorney.

- This is a simpler, faster process designed for self-representation....
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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Robert Kane
Robert Kane
answered on Jul 1, 2024

To prohibit you from talking "about [absolutely any] issues concerning fire protection" seems incredibly broad and unrealistic. As with any organization, some matters may need to remain confidential. For example, city council members may be briefed concerning lawsuits against the city.

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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

James L. Arrasmith
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answered on Jul 2, 2024

Under California law, as a member of a local Fire District Board, you do have First Amendment rights, but they can be subject to certain restrictions. Public officials, especially in their official capacity, may face limitations on their speech to ensure that they represent the board and the... View More

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3 Answers | Asked in Constitutional Law, Civil Rights and Municipal Law for California on
Q: Restriction on my First Amendment rights as a special district Director

I am on the Board of a local Fire District. The other Board members are saying that before I contact friends, acquaintances, and constituents about issues concerning fire protection I need the Board to approve. Does this violate First Amendment rights of free speech?

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

It's possible it could violate First Amendment rights, but it would be difficult for attorneys here to make that determination without knowing more about the basis for their approval measures (public safety, firefighter safety, security, or possibly no valid basis). A meaningful analysis would... View More

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1 Answer | Asked in Personal Injury and Municipal Law for California on
Q: Seeking Advice on Denied Claim for Tire Damage Due to Negligence by City of Los Angeles?

I recently had my claim denied by the City of Los Angeles for a flat tire caused by a screw picked up from uncollected trash on a public street. Despite providing evidence, my claim was rejected. What steps can I take next to appeal this decision or seek compensation? Are there specific attorneys... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address your question about next steps after having your claim denied by the City of Los Angeles for tire damage, here are some potential options to consider:

1. Review the denial letter: Carefully read the reason for denial provided by the city. This may give insight into what...
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1 Answer | Asked in Civil Rights and Municipal Law for California on
Q: My neighbor installed a ring camera and it’s facing my face when I open the door

Is it invading my privacy

James L. Arrasmith
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answered on Jun 11, 2024

In California, the law generally allows people to install security cameras on their own property, even if the camera captures some of their neighbor's property. However, the camera should not be positioned in a way that intentionally invades the neighbor's privacy, such as directly... View More

2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: The City of SD is replacing a stormwater drain on our property and I am wondering if we are entitled to compensation?

The City of San Diego has an easement for a stormwater drain which bisects me and my neighbor’s property. The drain was installed in 1950 and has since failed and created a sinkhole in my backyard. It has since come to light that the city will need to replace the drain will require a... View More

James L. Arrasmith
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answered on Jun 11, 2024

Under California law, the City of San Diego has the right to access and maintain its easement on your property, including replacing the stormwater drain. However, you may be entitled to compensation in certain circumstances:

1. Property damage: If the city's work causes damage to your...
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1 Answer | Asked in Car Accidents, Gov & Administrative Law and Municipal Law for California on
Q: Is it legal to park a car on a white curb for a quick in and out pizza delivery in Orange County, CA?

I had a car accident. Parked at a white curb (if not, uncolored) to deliver food. Quick in and out but came out to see a woman backing out of her parking space and hit my car. She had more than a whole car lane of room to go out. I think she’s at fault but was it legal for me to park on the curb,... View More

James L. Arrasmith
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answered on Jun 5, 2024

In California, parking regulations can vary by city and county. However, in general, white curbs are typically used to indicate passenger loading zones with a time limit, usually around 5 minutes. These zones are intended for quickly picking up or dropping off passengers, not for parking while... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for California on
Q: city just put up a no parking sign without notice to any vehicle owners and started giving tickets less than 24hrs after

They aren't required to give us a grace period even though they made no official notification to tell us that they had plans to put the signs there and we have to move?

James L. Arrasmith
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answered on Jun 5, 2024

Under California law, cities typically have the authority to regulate parking within their jurisdictions. However, they are generally required to provide adequate notice to the public when implementing new parking restrictions, including the installation of new "No Parking" signs. This... View More

2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: Can a City build 725 apartments within a 1 mile radius without neighborhood input?

The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.

Delaram Keshvarian
Delaram Keshvarian
answered on May 28, 2024

Usually zoning laws determines what density for real estate development is allowed.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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2 Answers | Asked in Real Estate Law and Municipal Law for California on
Q: Can a City build 725 apartments within a 1 mile radius without neighborhood input?

The city has planned to develop 225 apartments next to an established neighborhood and did not notify all affected homeowners. Add insult to injury they will be developing another 500 apartments within a half a mile from the 225 apartments.

James L. Arrasmith
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answered on May 22, 2024

In California, cities are required to follow certain procedures when it comes to land use planning and development, including providing opportunities for public input and engagement. However, the specific requirements can vary depending on the type of project and the applicable zoning regulations.... View More

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2 Answers | Asked in Consumer Law, Construction Law and Municipal Law for California on
Q: Can a company force payment in full for materials you refuse, even after they had a deposit on the purchase agreement?

Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More

James L. Arrasmith
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answered on May 22, 2024

In California, the enforceability of a contract requiring full payment for custom materials, even if the buyer refuses delivery, depends on the specific terms of the purchase agreement and the circumstances surrounding the transaction.

Generally, a deposit serves as a form of security for...
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2 Answers | Asked in Consumer Law, Construction Law and Municipal Law for California on
Q: Can a company force payment in full for materials you refuse, even after they had a deposit on the purchase agreement?

Ordered a pergola- which was about $32k, placed a 20% deposit on materials. Hired a contractor through the materials company which advised 60 days later that it would not be able to be installed due to permitting requirements that will not be feasible without a significant investment to restructure... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2024

The general rule in CA in a number of places/ways is simply, you did not get what you paid for and you are entitled to a full refund. Sounds like they will NOT give it voluntarily. Their position seeking payment in full is not based on any law I've ever heard of. Regardless, their position... View More

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1 Answer | Asked in Government Contracts and Municipal Law for California on
Q: Why is it illegal to use a trailer to occupied for the purpose of security of a private property
James L. Arrasmith
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answered on May 4, 2024

Under California law, using a trailer for occupancy on private property for security purposes could potentially violate several state and local regulations related to housing, zoning, and health and safety codes. Here are a few key reasons why it might be considered illegal:

1. Zoning laws:...
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1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: Can I sue a department or city for failing to properly investigate my fathers murder?

Back in 2004 my father was brutally murdered outside his home he was shot 7x. It was a drive by shooting and there was some DNA evidence found a couple days later. Now 20 years later I was informed after calling the homicide dept to check the status of how to reopen his cold case that some some DNA... View More

James L. Arrasmith
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answered on May 1, 2024

I understand your frustration and anger over the mishandling of evidence in your father's murder case. This is certainly a difficult and painful situation.

In general, it can be very challenging to successfully sue a government agency like a police department for negligence in an...
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1 Answer | Asked in Municipal Law for California on
Q: I am interested in mounting a cylindrical LED billboards around a supermarket parking lot light post to display

advertisement In California

James L. Arrasmith
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answered on Apr 27, 2024

Here are some key considerations for mounting cylindrical LED billboards around a supermarket parking lot light post in California:

1. Permits and regulations: Check with your local city or county planning department about any permits required and regulations related to outdoor advertising,...
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2 Answers | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

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answered on Apr 17, 2024

This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:

- The new property owner has the legal right to remove trespassers from their private property. Purchasing the...
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2 Answers | Asked in Real Estate Law, Criminal Law, Civil Rights and Municipal Law for California on
Q: Can a new property owner trespass the homeless encampment on their newly bought property with a notice that is expired?

There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 27, 2024

Thank you for asking the question!

1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One...
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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?
James L. Arrasmith
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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

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