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Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Probate Administration, Probate Litigation, Will Contests
Social Security Disability
Credit Cards Accepted
Jurisdictions Admitted to Practice
State Bar of California
ID Number: 332498
Law Office of James L. Arrasmith
Lincoln Law School
Lincoln Law School of Sacramento
I graduated as summa cum laude (valedictorian) of my law school class with the highest of honors. I maintained the highest GPA in the law school's over 50 years of history. I hold the current record for the most Faculty Achievement Awards given out in the law school's entire history.
A: A landlord must accept a "tender" of a rent payment. If you offered the rent payment on time, but the landlord refused it, then that is the landlord's problem. You cannot be evicted for nonpayment of rent if you can show that you timely tendered (that is, offered) the rent payment in full.
A: Generally, a person or company can use non-deadly force to defend their property. This can include restraining you. In addition, stores in California enjoy what is called "shopkeeper's privilege." Under California law, the principle of shopkeeper’s privilege permits shopkeepers (or store owners or merchants) to detain a customer if they have probable cause that the person is guilty of shoplifting (per Penal Code 459.5).
Under the law, though, it is required that a store owner’s detention:
be for a reasonable time, and
used solely for the purpose of investigating the suspected shoplifting offense.
The shopkeeper’s privilege is authorized under California Penal Code 490.5 PC.
However, an argument could be made that the force used exceeded that which was necessary. I highly advise you to speak with an attorney in your area to completely determine your rights and the merits of your case.
A: I am very sorry that you have been through that. In California, if a hospital is negligent in its treatment of a patient, you can sue for monetary damages and recover a significant amount of money. This is called "medical malpractice." I would be happy to assist you with your case. Please feel free to call, text, or email me.