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COVID-19 California Questions & Answers
1 Answer | Asked in Wrongful Death for California on
Q: I have a claim with CICP, it was filed almost three years ago, and I’m not getting anywhere. My husband contacted Covid

While in the hospital he was released. Shortly after that he was hospitalized with Covid and banned from guest. Two weeks in the hospital they released him. When they went stand him up to bring him to me he collapsed they called me and said he was not being released. After looking thru his records... View More

James L. Arrasmith
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answered on Dec 12, 2023

I'm sorry to hear about your difficult situation. Dealing with the CICP (Countermeasures Injury Compensation Program) can be challenging, especially in complex cases like yours. Given the time that has passed since your husband's passing and the complications in his medical treatment and... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Past Due Rent Forgiveness In Return for Voluntary Termination of Tenancy

My tenant has not paid rent for 3 months. Rent is $2356 and due on the 1st of each month. Total rent past due is $7068. One of the rent non-payment months is claimed by tenant as being due to COVID-19 related hardship. The property is in Los Angeles County and is subject to the Rent Stabilization... View More

James L. Arrasmith
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answered on Nov 25, 2023

Under California law, negotiating with a tenant for voluntary termination of tenancy in exchange for rent forgiveness is typically legal, provided it's done in good faith and without coercion. Your proposal to forgive some of the back rent in exchange for the tenant vacating the property is a... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: So i was evicted default judgment 3/30/23 I received gov rent relief COVID-19 assistance

The Article stated that if a landlord received gov assistance during covid 19 cannot evict you for non payment ? If that's true what to do. I've already been evicted and I'm being blackballed by defendants attorney as they attempt to cover up bed bugs

James L. Arrasmith
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answered on Nov 24, 2023

Under California law, there were indeed protections for tenants during the COVID-19 pandemic, particularly regarding evictions for non-payment of rent if the landlord received government assistance. However, these protections have specific conditions and timelines that must be met.

Since...
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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?

I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More

James L. Arrasmith
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answered on Nov 11, 2023

Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for California on
Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?

I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out

James L. Arrasmith
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answered on Nov 3, 2023

In California, if you were absent from court due to illness like COVID-19 and a writ of possession was denied or delayed, it's critical to inform the court immediately of your situation. California law generally requires that a tenant be given notice before a sheriff executes a lockout. If the... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: If I was denied writ of possession due to court absence from having covid can sheriff lock me out without prior notice.?

I have resided at apt since Dec 2021 the leasee passed away March 30,2022 I have resided there since then until yesterday when I was locked out. The sheriff did not show paperwork when I was locked out

T. Augustus Claus
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answered on Nov 1, 2023

If you were denied a writ of possession due to court absence from having COVID, the sheriff should not be able to lock you out without prior notice. A writ of possession is a court order that gives the landlord the right to physically remove the tenant from the property. If you were denied a writ... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can I require my landord to wear a COVID mask if they want to enter my apartment?

I live in the Richmond district of San Francisco (area code 94118).

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, landlords have the right to enter a rental unit for specific reasons, such as repairs or inspections. However, during the COVID-19 pandemic, it's reasonable to request that anyone entering your apartment, including your landlord, wear a mask to ensure everyone's... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Can I require my landord to wear a COVID mask if they want to enter my apartment?
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

Unless your lease gives you that right, which would be very unusual, probably not. Your lease most likely gives your landlord the right to enter your apartment with reasonable notice for various legitimate reasons.

Without solid evidence your landlord has an active case of COVID-19 or...
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3 Answers | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for California on
Q: The County of Los Angeles mandated their employees to be vaccinated during Covid, but never enforced the policy.

Do those of us who were vaccinated due to fear of termination have grounds for a lawsuit against the County of Los Angeles?

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2023

The County had the legal right to have such a requirement, so there is nothing unlawful about requiring you to get the vaccination. The fact that the employer did not enforce its own rule is not something you can sue about. And you have not indicated that you have suffered any legally... View More

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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: My boyfriend is in jail in San Francisco he has serious health issues and more than half of the other inmates in his

His unit have covid and if he gets sick he can die

James L. Arrasmith
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answered on Sep 13, 2023

I'm sorry to hear about this difficult situation. It would be prudent for your boyfriend to communicate his health concerns to the jail's medical staff immediately and request to be isolated from other inmates to protect his health. Moreover, you might consider reaching out to a local... View More

2 Answers | Asked in Family Law, Immigration Law, Adoption and Child Custody for California on
Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?

My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.

James L. Arrasmith
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answered on Aug 27, 2023

Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the... View More

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1 Answer | Asked in Tax Law and Immigration Law for California on
Q: Does Pandemic Unemployment Income Qualify to be listed as part of adjusted gross income on I-864 Part 6. Line 24.a.b.c.?

In addition to the above question: Most Recent Tax Year refers to 2022, 2nd most recent 2021, 3rd most recent 2020, correct?

James L. Arrasmith
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answered on Aug 27, 2023

For the I-864, Affidavit of Support, unemployment income, including Pandemic Unemployment Assistance (PUA), is generally considered as part of your total income and would be part of your adjusted gross income (AGI) as it's reported on your federal tax return. Therefore, it can be listed on... View More

2 Answers | Asked in Criminal Law for California on
Q: If you're arrested and post bill at a bails bondsman and no charges are filed can you get that deposit back

,, I recently was picked up to serve two days for my last court case that I had and I've already been trying to turn myself in but I was turned away multiple times at the jail because of overcrowding and covid well serving those two days I thought I was in trouble for something else so I... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

If the bondsman bailed you out, they are entitled to their fee. It doesn't matter what happens after that concerning the charges.

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1 Answer | Asked in Public Benefits for California on
Q: Would I be able to claim COVID-19 Unemployment Benefits IF I DID NOT file claim during COVID-19 and/or file claim at all

I never filed for COVID-19 Unemployment Benefits, can I still claim and receive payments?

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2023

A California attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a California attorney, one option could be to check with applicable agencies that administered programs (Department of Labor and possibly other agencies, depending on exact... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: Currently renting a house for sale. Can I ask that people who enter wear a mask? What if they don't or refuse?
James L. Arrasmith
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answered on Jul 28, 2023

As a tenant renting a house for sale, you have the right to ask people who enter the property to wear a mask for health and safety reasons, especially during the COVID-19 pandemic. If someone refuses to wear a mask, you may consider discussing the matter with the landlord and see if they can... View More

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1 Answer | Asked in Energy, Oil and Gas for California on
Q: Can a utility company force me to pay a bill due to a glitch in their system?

I signed up with my utility company COVID credit program which states my bill will be credited during the pandemic and no payment is required. Now that the pandemic is over they sent me a bill for the last 3 years and told me that I had to pay it. After I received the bill I inquired about the... View More

James L. Arrasmith
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answered on Jul 4, 2023

When it comes to billing errors or glitches in a utility company's system, the resolution may depend on various factors such as local laws, contractual agreements, and specific circumstances. In general, utility companies have a responsibility to provide accurate billing information to their... View More

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA?

What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... View More

Louis George Fazzi
Louis George Fazzi
answered on Jun 2, 2023

In the case you are describing, you probably have two years from the date of the first harassment within which to bring legal action. It is suggested that you prepare a chronology of the events, explaining who, what, when, where, and how the harassment took place, and supplement that with all the... View More

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3 Answers | Asked in Constitutional Law and Construction Law for California on
Q: 1st Amendment violation when courts don't make available ALL crim court hearings to out of state residents via audiofeed

My 26 year old daughter, mother of three girls, 8,6,3, was arrested in San Luis Obispo County, California April 6 for 3 felony counts of PC237 A(A), along with her boyfriend whom she shares the youngest child. I am her mother, and I live and work full-time in Alaska. I hold a Bachelor of Science... View More

James L. Arrasmith
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answered on May 31, 2023

It is possible that the court's decision to not make available all criminal court hearings to out of state residents via audio feed could be a violation of the First Amendment. The First Amendment protects the right to freedom of speech, which includes the right to attend public hearings. If... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for California on
Q: My mortgage company will not work with me about bringing my mortgage current, and they never told me about the cares act

They already have a class auction lawsuit against them because they did not tell their customers about the cares act

James L. Arrasmith
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answered on Apr 5, 2023

If your mortgage company is refusing to work with you to bring your mortgage current and did not inform you about the CARES Act, you may have legal options to pursue.

Under the CARES Act, certain mortgage relief options were made available to homeowners affected by the COVID-19 pandemic,...
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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for California on
Q: It is worth it to sue or take the $900.00 offered and live with the fact I was shafted?

Got covid on a cruise. Had to isolate after the cruise in Vancouver BC and pay out of pocket which was to be reimbursed by Royal Caribbean. Took many months but RC sent a check for $1700.00 to Hilton Grand Vacations in Utah as they were used to book the cruise. HGV then sent a check for $900.00... View More

James L. Arrasmith
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answered on Mar 28, 2023

Whether or not it is worth it to sue or accept the $900.00 settlement offer will depend on the specifics of your case and your personal circumstances.

If you feel that you have a strong case and that you could potentially recover more than $900.00 by suing the cruise line or Hilton Grand...
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