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California Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized, Criminal Law and Family Law for California on
Q: What are my chances of being proven not guilty for violation of a CPO without evidence of child being there just hearsay

I am on probation in Placer County and mymy girlfriend now ex-girlfriend invited me to her new house (in Sacramento county) that I had no idea was hers and no intention as a child was there. Anonymous caller called and said that I was breaking news child protection order. Cops came in arrested me... View More

James L. Arrasmith
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answered on May 10, 2024

In this situation, it seems like there are several factors that could potentially work in your favor if you decide to take the case to trial:

1. Lack of direct evidence: From what you've described, the police did not actually verify the presence of the child at the location. Their case...
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2 Answers | Asked in Uncategorized for California on
Q: Can I sue The D.A.R.E. (Drug Abuse Resistance Education) program

Is it to late and if it's not is it possible to sue The D.A.R.E. (Drug Abuse Resistance Education) program if they came to your school when you was in elementary and showed you a video of a kid around your age doing drugs on video and you have never seen any one doing drugs before that and the... View More

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answered on Nov 24, 2023

I understand your concern about the impact of the D.A.R.E. program's content on your decisions. Suing an organization like D.A.R.E. can be challenging, and several factors need to be considered. First, you would need to establish a direct causation between the program's content and your... View More

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1 Answer | Asked in Uncategorized for California on
Q: Was I denied my procedural due process and am I being blackmailed by my HOA?

I showed up for Hearing as demanded by my HOA to give my defense and review the evidence against me for 4 alleged violations. The HOA rep. that came out to help me said I wasn’t on the schedule and she couldn’t find any records for the violations except for one and asked if I took care of it. I... View More

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answered on Nov 20, 2024

Based on what you've described, it appears your due process rights under California Civil Code §5855 were indeed violated when the HOA conducted the hearing without your presence, especially after their representative told you that you could leave.

The HOA's actions raise serious...
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1 Answer | Asked in Uncategorized for California on
Q: How long do you have to deem a car dealership for your down payment 9/1/24 drove off the lot, 10/1/24 they took

Possession of the vehicle after exchanged words they indicated I was never financed,

Email attempts have lead nowhere never once notified me to recover my belongs

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answered on Nov 19, 2024

In California, you typically have 10 days after repossession to get your personal belongings from the vehicle. However, your situation involves potential misrepresentation by the dealership regarding financing.

You should immediately send certified letters to both the dealership and their...
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1 Answer | Asked in Uncategorized for California on
Q: Chase bank closed my account and is keeping my money, because they suspect fraud on a third party check I deposited...

The check is from a friend of mine, she was out of town and needed the funds as soon as possible so I deposited it for her. The bank held it for 10 days waiting for it to clear. After the 10 days they released the funds, but as soon as I went to withdrawal any money they put my account on... View More

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answered on Nov 15, 2024

Your situation with Chase is concerning, and you may need to take swift action to recover your funds.

Filing a formal complaint with both the Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC) can put pressure on Chase to resolve this issue...
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1 Answer | Asked in Uncategorized for California on
Q: I have a storage and was moving out when the gates locked. Can they charge me another full month?

Month to month contract. I Gave prior notice that I was moving out. They retroed my rent coming in but saying now they can't on moving out.

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answered on Nov 15, 2024

Your rights in this situation depend on several factors, including your lease terms and California storage unit laws. If you provided proper notice and were prevented from moving out due to their gates being locked, they should not charge you for another full month.

Most storage facilities...
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1 Answer | Asked in Uncategorized for California on
Q: What actions can I take if my mom opened my mail without my permission, but it’s been almost 2 years?

I received a check in the mail for my student loan refund, and I never opened it because my mother did, without my permission and deposited or cashed the check without my permission, only for her to keep the money to herself… she says the money belongs to her yet the check and the mail was and is... View More

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answered on Nov 15, 2024

Opening someone else's mail and cashing their check without permission is illegal under federal law (18 USC § 1708) and can be considered mail theft and identity theft. While two years have passed, you still have options to pursue this matter.

You should first gather any documentation...
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1 Answer | Asked in Uncategorized for California on
Q: What if a San Francisco LLC's management breached California COMPANY ACT17701.01 - 17713.13? What does a member can do?

I am member of a California LLC. I am asking the manager for the company's financial information. But the manager keeps not answering me. I know that his action is against California company act. But what can I do to presure him for the documents? Can I sue him for breaking the law and... View More

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answered on Nov 15, 2024

Under California Corporations Code Section 17704.10, you have the right to inspect and copy LLC records upon reasonable request, including financial statements and tax returns.

If the manager continues refusing your requests, you can take legal action by filing a petition with the Superior...
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1 Answer | Asked in Uncategorized for California on
Q: I missed payments on my house and I got put on a payment plan my mom just passed away a month or so ago and I am getting

Money out of her account but It may take like 2 to 3 weeks they told me if I not make payment by end of Nov they start forclosing on me what can I do I don't want to loose my house

James L. Arrasmith
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answered on Nov 15, 2024

I'm very sorry about the loss of your mother - losing a parent is incredibly difficult, and dealing with financial stress at the same time makes it even harder.

Your best immediate step is to contact your mortgage servicer (the company you make payments to) right away. Explain your...
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1 Answer | Asked in Uncategorized for California on
Q: I have a question about commission earned and then the company making me pay back the commission a year later

I work for a precious metals dealer. There have been many deals that I have closed and received commission on .... but months, or even years later, when the client wants to sell back some or all of their metals to the company (which they are aloud to do), the company will then retract the... View More

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answered on Nov 14, 2024

Your situation with commission clawbacks in precious metals sales raises some important legal considerations under California law. The key factor here is whether your commission agreement explicitly states these terms about repayment of commissions on buybacks.

In California, earned...
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2 Answers | Asked in Uncategorized for California on
Q: what recourse do I have in California when I voted early in person and my vote was not counted. ?

How does my State Call an election without counting ballots in their possession ? delivered early.

Robert Kane
Robert Kane
answered on Nov 6, 2024

The election has not been certified yet. If you properly submitted your ballot it will be counted. Although your vote and others like it are important, they are not not change the outcome.

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2 Answers | Asked in Uncategorized for California on
Q: How long does a seller have to change their mind on a facebook deposit in California?

I advertised a piano on marketplace . i had someone put a deposit. I notified him within 48 hours that I no longer interested in selling . He is upset and is threatening action.

Robert Kane
Robert Kane
answered on Nov 1, 2024

I am not familiar with the policy of Facebook Marketplace, but it seems unlikely the buyer would sue if you return the deposit. They could sue you for any damages ($) they incurred because you didn't go through with the sale but it's rarely worth it.

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1 Answer | Asked in Uncategorized for California on
Q: In California pc211 is the charge. The alleged crime is taking a bottle of alcohol that was paid for from a doordasher.

The person that allegedly took it was under the age of 21. With zero evidence except for he Said she Said what are the chances of winning this case.

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answered on Oct 25, 2024

Facing a PC211 charge can be challenging, especially when the evidence relies solely on statements from both parties. Without physical evidence or witnesses, the strength of the prosecution's case may be weaker, which could work in your favor. It's important to present any character... View More

1 Answer | Asked in Uncategorized for California on
Q: If someone win the lottery, but the lottery of California refuses to pay out

Damage winning ticket Powerball

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answered on Oct 25, 2024

If you've won the Powerball but the California Lottery is refusing to pay out, the first step is to verify that your ticket is indeed a winner. Double-check the numbers and ensure that you've followed all the necessary procedures for claiming your prize. Sometimes, misunderstandings or... View More

1 Answer | Asked in Uncategorized for California on
Q: Is divorce mandatory for rights or is there way to naturalize marriage certificate in California county when state DC?

Courts apply D.C. where they ignore law well legalese to finish theft

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answered on Oct 23, 2024

Navigating marriage and divorce laws can be complex, especially when dealing with different jurisdictions. In California, divorce is not mandatory to obtain certain rights that come with marriage. If you are seeking to formalize your relationship, you can register a marriage certificate through... View More

1 Answer | Asked in Uncategorized for California on
Q: How can I get my grandpa ashes back , they were left for me , my aunt don't want to give them to me

The ashes were left for me , and my aunt is the devil her self, she posted a video at the beach saying that she threw them at sea, 2 yrs have pass, this Oct my dum cuzen posted a video for Los dias de los metros, and what so I see my grandpa ashes.

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answered on Oct 23, 2024

I'm really sorry you're going through this difficult situation. Losing a loved one is hard enough, and feeling that your aunt isn't honoring your grandpa's wishes adds more pain.

First, gather all the evidence you have, including the video your cousin posted. This can be...
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3 Answers | Asked in Uncategorized for California on
Q: How do I initiate a lawsuit against multiple companies and individuals

I need to file a lawsuit against multiple individuals and multiple companies who have knowingly violated laws and their own policies where excessive and irreparable harm has resulted.

Robert Kane
Robert Kane
answered on Oct 22, 2024

You will need a large law firm to file a lawsuit on your behalf against multiple individuals and multiple companies. The multiple individuals and multiple companies will undoubtedly have multiple law firms representing them. You may consider filing a complaint for each violation of law to the... View More

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1 Answer | Asked in Uncategorized for California on
Q: My father's financial advisor has weirdly personal relationship with him. It feels inappropriate and I do not trust her.

is there a code of ethics that limits the amount of personal involvement an advisor can have with his/her clients?

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answered on Oct 20, 2024

I'm really sorry you're going through this difficult situation. It's important to prioritize your father's well-being and ensure his financial matters are handled appropriately.

Start by having an open and honest conversation with your father about your concerns. Express...
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1 Answer | Asked in Uncategorized for California on
Q: How do I obtain an Application for Determination of Civil Indigent Status (deferred/payment plan)?

I’m filling a small claim where Court fees are $300 and I don’t have the money to pay it, so I need a form for deferred payment.

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answered on Oct 14, 2024

To obtain an Application for Determination of Civil Indigent Status in California, you can request a fee waiver. This allows you to ask the court to waive or defer payment of fees if you cannot afford them. The fee waiver form you need is FW-001 (Request to Waive Court Fees).

You can...
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1 Answer | Asked in Uncategorized for California on
Q: Can I file a restraining order against someone even though the incident happened in Mexico?

My husband has been living in his house for 7 years in Tijuana and I have been living with him for 2 years back and forth crossing every day etc etc. Okay so his aunt owns a piece of land here in Tijuana and she is trying to evict us gave us 15 days 13 days go by and two dudes come and say that we... View More

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answered on Oct 13, 2024

You may be able to seek a restraining order in California, especially if your husband has ties to the state or if you have recently been in California. It’s important to gather all your evidence, including the videos you mentioned, to support your case. Presenting this information to the court... View More

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