Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by James L. Arrasmith
1 Answer | Asked in Banking, Bankruptcy, Personal Injury and Civil Rights for California on
Q: How do I sew the court for litigation abuse syndrome regarding the PG&E Camp Fire Case?

I am a victim of the 2018 Camp Fire. Multiple times the court abused my civil rights. The judge refused to let speak on my behalf, lawyers voted for me with out being a client, bullied by the Tort lawyers, during litigation, and I was forced to represent my self because the lawyers refused to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

I'm really sorry to hear about your experiences with the PG&E Camp Fire litigation. Under California law, you have the right to file a complaint if you believe your civil rights were violated during the legal process. To start, you'll need to document all instances of perceived abuse... View More

3 Answers | Asked in Consumer Law, Identity Theft and Small Claims for California on
Q: Small Claims Identity Theft.

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution.

I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help... View More

View More Answers

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: We were stopped by lost prevention falsely accused of taking a $119 battery

Left the store and 11/2 months later were arrested now charges were dismissed and need a lawyer? What kind and what should we do for compensation? Of losses

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

You should seek a personal injury lawyer who has experience with false arrest or false imprisonment cases. These attorneys can help you understand your rights and guide you through the process of filing a lawsuit. Look for someone with a good track record in civil rights or personal injury law.... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: What does it mean when a person receives a letter from the Bankruptcy Court about a Chapter 11.

Also, what does it mean when you receive a letter from the United States Trustee Office of Estate Planning, about class claims.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

When you receive a letter from the Bankruptcy Court about a Chapter 11, it typically means that a company or individual you have a financial relationship with has filed for reorganization bankruptcy. This type of bankruptcy allows them to restructure their debts while continuing their operations.... View More

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: How will they check up on my classes during an early termination hearing?

I have been doing a class during probation but have been struggling with it. It’s at your own pace with no instructor to talk to.

Will the da go to the school and find out about how I’m doing and ask about me, or will they just want some proof from me that I’ve been doing the course... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

During an early termination hearing, the court will likely require proof that you've been participating in your class as part of your probation conditions. This proof can typically be provided through official documentation from the school or program. The District Attorney (DA) will not... View More

1 Answer | Asked in Immigration Law for California on
Q: What is better? Applying for work permit based on asylum seeking or TPS.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Applying for a work permit based on asylum seeking or Temporary Protected Status (TPS) depends on your specific circumstances. If you are seeking asylum, applying for a work permit can provide you with the ability to work legally in the U.S. while your asylum case is being processed. However,... View More

1 Answer | Asked in Immigration Law for California on
Q: What documents can prove my continuous residency when applying for TPS. Is driver license and school transcript enough?

I live with a family member, so I do not have any lease contract. I also do not have medical history. I have a bank account. I can afford a transcript from my university. My current status is F1 student.

Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

To prove your continuous residency for TPS, a driver's license and school transcript can be helpful, but you may need more documents. Consider using your bank statements, as they show your financial activity and residency. These statements can be very useful in demonstrating your presence in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: How many days does a defendant have to answer an amended complaint in San Bernardino county

One of the two defendant filed answer for the first eviction I filed. Is defendant required to file answer for amended complaint, if so, how many

days does defendant have to file answer?

Also, do I have to wait for both defendants named on the eviction to answer before requesting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

In San Bernardino County, under California law, a defendant generally has 30 days to respond to an amended complaint. This timeline is the same as for the original complaint unless the court orders otherwise.

If a defendant has already answered the initial complaint, they are required to...
View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex started potty training our 19 month old without telling me

We have 50/50 custody. Our baby is nowhere near ready to start potty training. He’s only doing this because of our baby continues to get bad diaper rashes while under his care and the babysitter he chooses. So instead of correcting the issue he’s now decided to force our baby to potty train and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

In California, both parents with joint custody have the right to participate in significant decisions affecting their child’s welfare, including potty training. Since you share 50/50 custody, your ex-partner should have consulted you before starting potty training. You can emphasize to the... View More

1 Answer | Asked in Employment Law and Intellectual Property for California on
Q: Can I do something about this

I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More

1 Answer | Asked in Employment Law for California on
Q: I was not paid the required minimum salary as an exempt employee. My employer is offering to pay for my unpaid “overtime

The amount they’re offering is random since I was never able to clock in and out, let alone clock in any overtime being that I was exempt. If I file a claim, will I receive the full amount to meet the minimum exempt salary required by California? According to my employer they only owe me the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

If you weren't paid the required minimum salary as an exempt employee, you have the right to file a claim to recover the unpaid wages. Under California law, an exempt employee must receive a minimum salary, and if your employer fails to meet this requirement, you may be entitled to the... View More

1 Answer | Asked in Real Estate Law for California on
Q: Please let me know if requesting personal guarantees for the purchase of fix and flip investment properties is legal.

Please let me know if personal guarantees requested by hard money lenders, for the purchase of fix and flip investment properties, purchased in the name of an LLC, are legally enforceable. Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

In California, it is generally legal for hard money lenders to request personal guarantees for the purchase of fix and flip investment properties. This is a common practice to mitigate the lender's risk, especially when the property is purchased in the name of an LLC. The personal guarantee... View More

1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for California on
Q: Can a tow company or apartment management have my operational car towed from my assigned parking space? With no notice?

My vehicle was towed at 1:11 PM, I arrived home from work at 12:25 PM July 3, 2024. I parked in my assigned parking. Management is aware of my vehicle's information in the rental portal which was provided the day I moved in. The tow company along with management did not call or knock on my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Under California law, a tow company or apartment management can tow your vehicle from an assigned parking space, but specific conditions must be met. Generally, they need to provide proper notice and have a valid reason for the tow. If your vehicle information was provided and you were parked in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My CA apt (mnth2mnth lease) had no hot water for 22 days in June. I signed a new lease on June 30th. Do I owe July rent?

My landlord was informed immediately of the water issue. And took over two weeks to install new water heater, after which kept saying he needed to "adjust the temperature" until mine was hot. Each "adjustment" took days. After the hot water heater was replaced, it cause my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Under California law, if a rental unit is uninhabitable due to the landlord’s failure to provide essential services such as hot water, you may not be responsible for paying rent for the period the unit was uninhabitable. Given your situation, with no hot water for 22 days in June and ongoing... View More

1 Answer | Asked in Tax Law for California on
Q: is selling a house that was inherited taxable?

my Brother sister and I inherited a house from our dad who passed away. He did not live in that house as his primary residence. We are selling the house. It is in escrow. Do we have to pay California tax on the sales price?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

When you sell an inherited house in California, the key factor for tax purposes is the stepped-up basis. The stepped-up basis is the property's fair market value at the date of your father's death. This value is used to determine the gain or loss when you sell the house.

If the...
View More

1 Answer | Asked in Gov & Administrative Law for California on
Q: Was This Tow Done Legally?

I picked up my car from my mother's, next morning I drove it to work. Arriving back to the apt. complex I lived in for 6 months, I parked in my assigned parking space at 12:35 PM. When I went back out, I noticed my car was gone. according to the Tow documents the tow took place at 1:11PM. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Based on the situation you've described, it appears the tow might not have been conducted legally under California law. California has specific regulations governing the towing of vehicles from private property, including residential complexes. Generally, a vehicle cannot be towed unless there... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a particular formula that is used when calculating alimony?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

If you're navigating a divorce, understanding these factors can help you anticipate potential alimony outcomes. It’s beneficial to gather detailed financial records and evidence of your standard of living during the marriage to support your case. Working with legal counsel can provide... View More

1 Answer | Asked in Foreclosure for California on
Q: I filed a mechanic lien for $150000 in bellflower property. What is the average cost to file a foreclosure on this lien

I am a licensed general contractor I filed the lien and was recorded 3 weeks ago

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Filing a foreclosure on a mechanic's lien in California involves several steps and costs. The first step is to file a lawsuit to enforce the lien, which typically requires paying court filing fees. These fees can range from $435 to $465 depending on the court. You might also incur additional... View More

1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Can a car share company release information about me to another person without my consent in California?

I rented a vehicle from a car share. Returned the vehicle like I always get told. Drop it off at the location, place the keys in the glovebox and the close everything up, I take a photo of the plate number on my phone and leave. Never had an issue but now the company is saying the the owner is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

Under California law, car share companies must adhere to strict privacy regulations. They are generally prohibited from sharing your personal information without your explicit consent. This includes details about your rental history, your location, and other identifying information.

If the...
View More

1 Answer | Asked in Contracts for California on
Q: Could I use Dow chemical company bond due 2008 that’s dated march 2, 1978 no back signed but have see Ctf no. 3327?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024

To determine if you can use the Dow Chemical Company bond due in 2008, dated March 2, 1978, it's important to consider its current status and authenticity under California law. If the bond is not back-signed and you only have the certificate number, this could impact its validity and your... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.