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California Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights for California on
Q: Defendant claims my statement caused distress. Asked for clarification, she refused.Subpoenaed her psychiatrist, evading

The defendant alleges my false statement caused her mental distress diagnosed by a psychiatrist. When I asked for clarification on the false statement, she refused to respond. I then subpoenaed her psychiatrist, who is evading the subpoena. how to proceed?

James L. Arrasmith
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answered on May 8, 2024

I understand this is a challenging situation. Here are a few thoughts on potential next steps:

1. File a motion to compel: You can file a motion with the court to compel the psychiatrist to comply with the subpoena and provide the requested information. The court may then order the...
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2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Civil Rights for California on
Q: Is there a way to require/request the opposing party in civil litigation to prove their identity? California

I have reason to believe that the person suing me uses fake names in contracts and lawsuits so as not to be held responsible if he loses a lawsuit or is sued.

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answered on May 8, 2024

In California, there are a few ways to challenge or require proof of the opposing party's identity in civil litigation:

1. Demurrer: If the plaintiff's identity is not clear from the complaint, the defendant can file a demurrer arguing that the complaint is uncertain or ambiguous....
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1 Answer | Asked in Family Law, Civil Rights and Contracts for California on
Q: Does a Mortgage contract provide evidence of marriage in the State of California ?

Mortgage contract list my parents as a married couple. Is the mortgage contract evidence of a marriage ?

James L. Arrasmith
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answered on May 7, 2024

A mortgage contract alone does not provide conclusive evidence of a legal marriage in the State of California. While a mortgage contract may list two individuals as a married couple, it is not an official document that establishes or proves the legal status of their marriage.

In California,...
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1 Answer | Asked in Civil Rights for California on
Q: I have a civil rights problem I feel like my privacy is being taken from and want help I need a lawyer and a consultant
James L. Arrasmith
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answered on May 7, 2024

I understand that you feel your privacy rights have been violated and that you are seeking legal assistance. Here are some steps you can take:

1. Contact the California State Bar's Lawyer Referral Service. They can connect you with a qualified attorney who specializes in civil rights...
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1 Answer | Asked in Civil Rights for California on
Q: Roommate stabbed me, pressed my hand on blade, bruised it. Admitted to police, recorded. Can I sue?

My roommate stabbed me with a knife, and while I held the blade, she used her other hand to press my hand onto the blade, causing additional pressure and leaving a bruise on my hand. She admitted to the police that she was holding the knife, which was found at the scene, and I reported the incident... View More

James L. Arrasmith
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answered on May 6, 2024

Based on the information you've provided, it seems that you may have grounds for a civil lawsuit against your roommate in California. Here are a few key points to consider:

1. Assault and Battery: Your roommate's actions appear to constitute assault and battery under California...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for California on
Q: Can surveillance in a private area of my yard be admissible in court?

Neighbor recorded us on surveillance having a private conversation in an area of our yard not otherwise publicly visible. They did record my spouse hitting my dog and submitted that to animal control. My husband went to jail for 5 days, but they released him and did not charge him yet. The dogs... View More

James L. Arrasmith
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answered on May 5, 2024

In California, the admissibility of surveillance footage from a private area of your yard depends on several factors and the specific circumstances of the case. Here are some key points to consider:

1. Reasonable expectation of privacy: If the area where the conversation took place was not...
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1 Answer | Asked in Civil Rights for California on
Q: I've been kicked out of homeless shelter program for giving my vehicle to my boyfriend which is homeless on streets.

They said it was for violating a no contact order but non exited.

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear about your situation. Being kicked out of a homeless shelter program can be very distressing, especially if you feel it was done unfairly. Here are a few suggestions for next steps you may want to consider:

1. Clarify the reason for termination: If you believe there...
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1 Answer | Asked in Criminal Law and Civil Rights for California on
Q: arrested for trespassing and went to jail , in a garage with no doors or windows. No signs posted or surrounding fence

My court date has passed and I missed it. I am not guilty and my car was broken into while I was in jail, the officer told me that it would happen and that's why he was gonna leave it there.. the resident has permission to stay there and I was just visiting, and haven't walked up to the... View More

James L. Arrasmith
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answered on May 4, 2024

Based on the details you provided, it seems like there may be potential issues with the trespassing charge and arrest. Here are a few key points to consider under California law:

1. For a trespassing charge to be valid, the property owner generally must have posted clear signs or given...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for California on
Q: I was served restraining order two weeks after the order was granted an dooped into thinking she dropped it I have txt

I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me... View More

James L. Arrasmith
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answered on May 4, 2024

Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:

1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal...
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1 Answer | Asked in Civil Rights for California on
Q: Does the 4th amendment allow hidden cameras to be installed in a house by police without the consent of the tenant?

I would like legal advice on my 4th amendment rights possibly being violated by the San Francisco Police Department and by my Mom and Dad. I'm in an unfortunate position which consists of my Mom and Dad at some point in the past allowing the SFPD to install covert hidden pinhole cameras all... View More

James L. Arrasmith
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answered on May 4, 2024

The situation you've described raises serious concerns about potential violations of your 4th Amendment rights against unreasonable searches. However, the specific details and context would determine whether your rights were actually violated from a legal standpoint.

In general, the...
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1 Answer | Asked in Civil Rights for California on
Q: How do I get payed for 5 months of prison time I did longer than was sapost to do cuz the county clerk messed up

I was sentenced to prison time and the county clerk didn't send my time credits with my abstract of judgement and I ended up doing 5 months longer in prison then was sapost to

James L. Arrasmith
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answered on May 3, 2024

I'm sorry to hear that you were imprisoned for longer than your sentence due to an administrative error. In California, individuals who have been wrongfully imprisoned may be eligible for compensation through the California Victim Compensation Board (CalVCB). Here are the steps you can take to... View More

1 Answer | Asked in Civil Rights and Criminal Law for California on
Q: I spent 5 months longer in prison because the county clerk didn't put my time served credits on my abstract of judgment
James L. Arrasmith
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answered on May 3, 2024

I'm sorry to hear about your situation. Under California law, if you spent additional time in prison due to an error by the county clerk in not accurately recording your time served credits on the abstract of judgment, you may have some legal recourse. Here are a few key points to consider:... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Is it lawful for a cop to show up to my house after my release from custody and ask for me by name like we know oneanotr

I was arrested by a San Bernardino sheriff's officer who shows up to my home the next day I was released from jail and walk up to my door and ask my mother where I was at not in a nice manner but basically saying where's Michael authoritative manner. And demanding when I'll be back... View More

James L. Arrasmith
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answered on May 3, 2024

Based on the information you've provided, it seems like you are concerned about potential harassment or inappropriate conduct by the San Bernardino sheriff's officer. Here are a few important points to consider:

1. Lawful inquiries: Police officers are allowed to knock on your...
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2 Answers | Asked in Consumer Law, Business Law and Civil Rights for California on
Q: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

We have a Car Hauling business and with the purpose of growing it, we bought a 2017 RAM 3500 from Global Auto Auction online, a company that sells cars from COPART, on March 14th, 2024.

During the phone conversation Vini was having with the Auction manager Jerry, while biding on the car, he... View More

James L. Arrasmith
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answered on May 2, 2024

I'm so sorry to hear about the terrible experience you've had with Global Auto Auction failing to deliver your purchased vehicle as promised. That must be incredibly frustrating, especially as it's negatively impacting your own business operations.

Under California law, you...
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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Sister is trying to sue me for hiring people to stalk her and for slander and harassment. False claims .what should I do

I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More

James L. Arrasmith
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answered on Apr 30, 2024

Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:

1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these...
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2 Answers | Asked in Civil Rights for California on
Q: is my privacy, and my rights are being violated

my partner and I is currently staying at the shelter family housing facility name is Sorority, Encountered recently staff entering our room without knocking identifying of his entry he unlocks the door with the key about three times, my partner was not fully dressed the time of his entry. The... View More

James L. Arrasmith
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answered on Apr 29, 2024

Based on the information you provided, it appears that your privacy rights may have been violated under California law. In California, tenants have the right to quiet enjoyment and privacy in their rental units, and landlords or staff must provide proper notice before entering the premises, except... View More

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2 Answers | Asked in Civil Rights for California on
Q: is my privacy, and my rights are being violated

my partner and I is currently staying at the shelter family housing facility name is Sorority, Encountered recently staff entering our room without knocking identifying of his entry he unlocks the door with the key about three times, my partner was not fully dressed the time of his entry. The... View More

Louis George Fazzi
Louis George Fazzi
answered on Apr 29, 2024

Because you are staying in a shelter, you and your partner may not enjoy the same rights of privacy as you might expect if you were living in a rental unit in which you are a tenant. The fact that you are in a shelter should mean that you have at least a minimum expectation of privacy in your... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: Does an officer have an authority to remove a resident from their residence without a warranty or emergency circumstance

In March 11 a friend died in our room at the airb&b.

she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s

And according to the... View More

James L. Arrasmith
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answered on Apr 29, 2024

In California, police officers can enter a residence without a warrant under certain circumstances, such as an emergency where there's a risk to life or severe harm. When your friend was found deceased, the situation likely qualified as an exigent circumstance, allowing the officer to enter... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for California on
Q: Does an officer have an authority to remove a resident from their residence without a warranty or emergency circumstance

In March 11 a friend died in our room at the airb&b.

she may have died of an Overdose but the cause is unknown, the responded officer ordered us out of the room and conducted a search without our consent or our presence . the person was D.O.A of the e.m.s

And according to the... View More

Michael Eric Kraut
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answered on May 2, 2024

Once you have invited the officer into the house then they are allowed to be there. If there are drugs or other unlawful items in plain sight the officer may seize them. However, without a warrant a police officer would not be allowed to search rooms or drawers in that residence.

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: How weird is my crim trial starting with me left sitting outside and having to argue my way into the courtroom on day 2?

I’m an activist for a certain cause, which the court and the DA would rather see me give up, so I was charged with a silly crime. I’m not backing down, so now they don’t know what to do. My day one of trial started with me left in the hallway, for both am and pm sessions, and my PD whom I... View More

James L. Arrasmith
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answered on Apr 27, 2024

Based on the details you provided, the way your criminal trial has proceeded so far seems highly unusual and concerning from a constitutional rights perspective. In the United States, a criminal defendant has the right to be present at all critical stages of their trial, which includes jury... View More

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