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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

James L. Arrasmith
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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?

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?

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?

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 Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law on
Q: Can police throw a registered moped in the trash

I had a moped scooter parked on a public roadway legally for no less than an hour only for me to return and my vehicle was on a dump trailer as trash under the direction of the police department. They refused to even check the vin number and return my property

James L. Arrasmith
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answered on Jun 29, 2024

If your moped was parked legally and had proper registration, the police should not have disposed of it as trash. It's essential to understand your rights in this situation.

First, gather all relevant information, including photos, any parking signs, and the exact location where you...
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1 Answer | Asked in Civil Rights and Municipal Law for Washington on
Q: Is it illegal for a hotel manager to enter my room after she already spoke to me n waited for me to exit me hotel room.

She assumed there was drugs being smoked but that was not the case at all.

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answered on Jun 29, 2024

The legality of a hotel manager entering your room depends on several factors:

1. Hotel policies: Most hotels have policies allowing staff to enter rooms for specific reasons, which guests typically agree to when booking.

2. Reasonable suspicion: If there's a legitimate concern...
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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

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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 Business Law, Civil Rights, Landlord - Tenant and Municipal Law for Tennessee on
Q: Can a hotel take my belongings without informing me that my payment for services didn't go through?

Hotel located in Tennessee.

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question accurately, we need to consider a few key aspects of Tennessee law and general hotel practices:

1. Payment issues:

When a hotel guest's payment doesn't go through, the hotel typically attempts to contact the guest to resolve the issue before taking...
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1 Answer | Asked in Tax Law and Municipal Law for Wisconsin on
Q: My town -- town of Gibraltar is still charging me a TUF tax. Is this legal?

The town started charging after the Buchanan case was filed. CASE NO.: 2022AP1233

my town continues changing even though it was illegal there. It says the supreme ct agrees. Does that mean this town can keep charging me or is it illegal? It is a very unfair tax based on the feet of road... View More

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answered on Jun 25, 2024

It appears that the Town of Gibraltar is still charging you a Transportation Utility Fee (TUF) tax, which you're questioning the legality of given a recent court case. Let's break this down:

1. The Buchanan case (CASE NO.: 2022AP1233) you're referring to is likely the case...
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1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Wisconsin on
Q: Can a public place shame and humiliate you by putting a photo of you up with details and telling people you are banded

I have already been given two citations one for theft one for property damage but never stolen anything.

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about a complex legal situation involving public shaming and potential false accusations. Let me break this down:

1. Public shaming: Generally, it's not legal for a business or public place to publicly shame individuals, especially if the information is...
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2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law on
Q: Are towns allowed to put in there yearly budget allotments (stipend) to help senior citizens organizations.
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answered on Jun 21, 2024

Yes, towns can include stipends in their yearly budgets to support senior citizen organizations. This type of allocation is often viewed as a way to support valuable community services. Such budget decisions typically fall under the jurisdiction of the town's local government, which can choose... View More

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2 Answers | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law on
Q: Are towns allowed to put in there yearly budget allotments (stipend) to help senior citizens organizations.
Tim Akpinar
Tim Akpinar
answered on Jul 3, 2024

Yes, especially if they have a sizable senior population that the council members are being responsive to the needs of. The organizations would usually need to pass muster as being legitimate and professionally operated. Good luck

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arizona on
Q: Are towing company allowed to enter vehicle without consent in Arizona?

Towing company towed my car over night and my wallet was in there . Long story short he personally told me he went on my car and went in my wallet to take a picture of my id.

James L. Arrasmith
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answered on Jun 15, 2024

In Arizona, towing companies are generally not allowed to enter your vehicle without your consent. Their primary responsibility is to tow the vehicle, and they should not be searching or accessing the contents inside without a legitimate reason and proper authorization. Entering your vehicle and... View More

1 Answer | Asked in Municipal Law and Traffic Tickets on
Q: Can my car get towed for expired registration if I had a fix it ticket that gave me an extra month to get registered

And can the tow yard auction my car without giving me notice they never sent me anything saying they were going to auction it has been there 3 months.. I am in San Diego CA,

James L. Arrasmith
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answered on Jun 11, 2024

Under California law, your car can be towed for expired registration even if you have a fix-it ticket that gave you additional time to register. Law enforcement may still tow your vehicle if it is found on a public road with expired registration. It's advisable to keep proof of your fix-it... View More

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

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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

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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 Animal / Dog Law, Gov & Administrative Law and Municipal Law on
Q: what are the legal requirements to open and establish a 4 to 6 dog boarding kennel
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answered on Jun 10, 2024

To open and establish a 4 to 6 dog boarding kennel, start by checking local zoning laws and regulations in your area. You will need to obtain the proper permits and licenses, which may include a kennel license and a business license. It's essential to ensure your facility complies with health... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Texas on
Q: I am looking for an attorney willing to sue local police department for malfeasance

in 2019 I was assaulted at my home by a felon. I displayed a firearm and was arrested for ag assault with a deadly weapon. Charges rejected by prosecutor without pre trial diversion. After waiting 3 years, my attorney filed for expungement which was granted and final June 19, 2023. Now one year... View More

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answered on Jun 15, 2024

I'm sorry to hear about the difficulties you're facing. You may have grounds to sue the city police department for damages to your reputation, false arrest, and failing to comply with the expungement order. These types of cases typically involve claims of malfeasance and the violation of... View More

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1 Answer | Asked in Government Contracts and Municipal Law for New Jersey on
Q: My company built a roadway for a township. Now that township is saying we have to redo it because there us a puddle

The gutter system on the side of the road had a puddle where there was a low point. Now the township is saying we have to tear up the road and redo it. The puddle is very small and is still moving towards the drain just extremely slow. Can they make us tear up the road?

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

Your question could be difficult to answer based on the brief description - that might be why it remains open for three weeks. If possible to arrange a consult, an attorney who handles construction, roadway, or civil engineering claims might be able to offer more meaningful guidance based on seeing... View More

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

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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

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