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California Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized, Bankruptcy and Consumer Law for California on
Q: How to recover money for services rendered?

How can I go about recovering money for services rendered in an abandoned RV? It is stored currently in CA but is registered in CT. The owner is also in bankruptcy. The RV isn't worth much ~ so I'm not really interested in taking possession. Is there a other way to recover my money? I... View More

James L. Arrasmith
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answered on Jun 8, 2024

To recover money for services rendered in California, you have a few options, but the owner's bankruptcy and out-of-state vehicle registration complicate the situation. Here are some steps you can consider:

1. File a mechanic's lien: In California, you may be able to file a...
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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

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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: A problem occurred involving the property in an HOA and an emergency assessment was voted on and approved by homeowners.

Subsequently, some additional work was needed on the Same problem by the same contractor. Are the homeowners required to vote again or can the Board approve the additional funds?

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answered on Dec 6, 2024

According to California Civil Code Section 5605, the Board has the authority to approve additional expenditures for ongoing projects without requiring another homeowner vote, as long as the total increase doesn't exceed 5% of the original budgeted expense for that year.

If the...
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1 Answer | Asked in Uncategorized for California on
Q: Can an emergency assessment be used to cover ADDITIONAL costs of a repair in an HOA common area that was in excess of 5%

of the budget but where the initial assessment was voted on and approved by the homeowners...With The Provision That There May Be Additional Costs.

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answered on Dec 6, 2024

In California HOA law, your situation raises an important distinction between initial and emergency assessments. The key factor here is that your initial assessment already went through proper voting procedures.

Even with the provision warning of potential additional costs, emergency...
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1 Answer | Asked in Uncategorized for California on
Q: can a water utility company charge a late fee if a partial payment was made.

I was told that if a payment was made even if it was only $1.00 and they received the payment it would be considered a payment plan and a late fee could not be charged. that just doesn't seem correct and I'm trying to learn more

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answered on Dec 6, 2024

You may want to review the terms and conditions of your water utility agreement, because not all companies follow the same rules. Even if you were told that paying any small amount before the due date creates a payment plan, that information may not match official policy. Some utilities maintain... View More

1 Answer | Asked in Uncategorized for California on
Q: What if any liability risk would I face placing parking violation notices on vehicles parked in my HOA

My HOA has asked me to assist in placing warning notices on vehicles parked in violation of the CC&R's

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answered on Dec 5, 2024

When placing parking violation notices in your HOA, it's important to follow the community's CC&Rs carefully. Ensure that the rules you’re enforcing are clearly defined and that you have the authority to issue notices as outlined in the governing documents. Inconsistent application... View More

1 Answer | Asked in Uncategorized for California on
Q: I have a petition for partition that was served on me in California for property in Kansas. I would like to file a count

counter proposal but don't have a lawyer can I file it on my own and if so how do I do that?

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answered on Dec 3, 2024

You have the right to file a counter-petition in response to the partition action, even without legal representation. Since this involves property in Kansas but you're being served in California, you'll need to understand both states' legal requirements.

Filing a...
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1 Answer | Asked in Uncategorized for California on
Q: I’m wondering what I can legally do about a woman I’ve known for almost 25 years.

This has been ongoing since 8th grade. She was new in school and was giving me dirty looks since before I even knew her name. To this day I dont know why. The only thing I can think of was she overheard me tell a joke about a pollock & said “hey I’m polish better stop”. And I had just... View More

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answered on Dec 2, 2024

Your situation sounds incredibly frustrating, dealing with this targeted harassment for such an extended period.

If she's openly slandering you and creating hostile environments at your child's activities, you have several legal options to consider. You could start by documenting...
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1 Answer | Asked in Uncategorized for California on
Q: If I make MAHA artwork, do I have to pay a fee?
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answered on Nov 28, 2024

When creating MAHA (Making Art, Helping All) artwork, you won't need to pay any fees. This program encourages artists to contribute their talents while supporting community initiatives.

You're free to create and submit artwork through MAHA without financial obligations. The...
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1 Answer | Asked in Uncategorized for California on
Q: As a renter in CA can mold be removed however a property management group wants or does it have to be under containment

we had a water leak in our laundry room and remediation was done under full containment with air scrubbers and negative pressure. After it was completed, it was found that some wet flooring was missed. The property management group is trying to remove this flooring without using the containment... View More

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answered on Nov 27, 2024

Under California law, landlords must address mold issues promptly and follow proper safety protocols to protect tenants' health. The California Department of Public Health recommends that any mold remediation over 10 square feet should be handled with appropriate containment measures to... View More

1 Answer | Asked in Uncategorized for California on
Q: Curious. I was a 12 year old kid that witnessed the 1986 cerritos air disaster. Ptsd is the result. But those effected?
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answered on Nov 26, 2024

I'm truly sorry you had to witness the 1986 Cerritos air disaster. Experiencing such a traumatic event as a child can leave deep emotional scars, and it's understandable that you're dealing with PTSD as a result.

Many others who were present during the disaster may also have...
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1 Answer | Asked in Uncategorized for California on
Q: was told to leave a store and not come back for stealing. They showed me a picture of the person

was told to leave a store and not come back for stealing. They showed me a picture of the person stealing and it was

Not me. I asked the security guard to show me the photo again and he refused and told me to leave.i shop at this store all the time and now icant

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answered on Nov 25, 2024

If you were wrongly accused and have proof it wasn't you in that photo, you should take immediate action to clear your name. Consider asking to speak with the store manager or district manager, as they might be more willing to review the situation thoroughly.

You can write formal...
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1 Answer | Asked in Uncategorized for California on
Q: Charges 25850(A) PC, 25400(A)(2) PC, 32310(A) PC, 186.22(A) PC, 182(A)(1) PC, 25850(A) PC

What are these charges and how long is my son looking at?

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answered on Nov 25, 2024

I understand you're concerned about your son's situation. Let me break down these California criminal charges:

The charges involve several weapons-related offenses: 25850(A) PC is carrying loaded firearms in public, 25400(A)(2) PC refers to carrying concealed firearms, and...
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1 Answer | Asked in Uncategorized for California on
Q: hello needing some advice about a car purchased sight unseen.

We were in contact with the dealership for a few days, they sent photos and videos.

But When receiving the car we realized there was a ton of isssues with the car that the dealer didn’t disclose to us.

1. Broken driver seat

2. Mold in the trunk of the vehicle

3.... View More

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answered on Nov 24, 2024

In California, dealerships have strict legal obligations to disclose known material defects and issues with vehicles before sale. The issues you've discovered - especially the mold (which is indeed a biohazard) and undisclosed modifications that affect emissions compliance - represent serious... View More

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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