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David Herman Hirsch

David Hirsch’s Answers

2,467 total


  • Can a government employee legally own personal business while working?

    I am a State employee (non executive) but to maintain my living standards I am planning to start a part time business (fitness gym) which will open only on Saturdays (Since I am off from work). I have many friends at work who run their own small b...

    David’s Answer

    Check with your HR folks. I'm not really sure about the State, but local government agencies in California often have regulations relating to outside employment to make sure that any outside activities aren't incompatible with your duties and won't interfere with you doing your job.

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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  • If a city adopts a state fire code, does it have to be in the state code book?

    I have been asked by the city of Oakland to cut back my vegetation on the roadside by 10 feet. The code violation shows 4910.3. However this is not showing up in the California fire code under chapter 49. Nor have I been able to google it etc. ...

    David’s Answer

    Cities have the power to adopt amendments to the Fire Code, as well as other state building codes. There are provisions in the Health and Safety Code that allow it, so long as the city makes appropriate findings based upon the cities climatic, geographic, etc. conditions. We all know about the past fires in Oakland, so I'm sure what they've done is consistent with the law and its enforceable. I'd cut back your vegetation and make your home as fire safe as possible...

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  • How do you challenge a city ordinance?

    I have a city ordinance I want to challenge as it is unconstitutional. How do I go about doing this? Do I need to file a form with the courts? I am in California.

    David’s Answer

    Its really not that easy and there is no form to simply file with the courts. Often what a person thinks is "unconstitutional" is a lawful regulation. There are many presumptions that apply to the exercise of a city's police powers under the State Constitution. Also, if the subject matter isn't something classified as a "suspect class" (i.e. race, sex, or other protected areas) the court's apply a very deferential standard to the determination of a legislative body in crafting its laws. You need to consult with an attorney well versed in municipal law to see if you have anything worth pursuing, and then you need to file a lawsuit challenging the law... It can be a long process and expect the City too aggressively defend its laws...

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  • Ordinances written by a County in California

    Is there a policy and procedure in a County that defines how an Ordinance is performed, step by step? Is there a requirement to get a legal opinion from the County Council to the Board of Supervisors, before the Ordinance is approved? I would as...

    David’s Answer

    Both city and county ordinances generally have to be first introduced and then adopted, so its a two step process. With certain exceptions set out in state law, ordinances typically are not effective until thirty days after adoption and also have to either be published or a summary needs to be published. There is no requirement that there be a legal opinion from the county counsel before an ordinance is approved, but the agencies legal counsel is always involved in drafting and approving ordinances in my experience. You can find the procedures for county ordinances in Government Code Sections 25120 et seq. I won't get into your comment about "an Ordinance that defies Stat Law and previous court ruling..." other than to say that if you believe an ordinance that is being adopted is somehow unlawful or inconsistent with State law or case law, bring your concerns to the attention of your elected representatives and otherwise participate in the hearings and meetings at which the ordinance is being considered...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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  • Is Larry H. Parker a real lawyer?

    Is he just a character?

    David’s Answer

    Funny question, having seen the commercials for so many years... Real attorney. Here's the link to the California State Bar attorney search...

    http://members.calbar.ca.gov/fal/Member/Detail/57967

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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  • Is it legal to take picture of my neighbor's motor home and camping trailer parked on the street beside my house?

    My neighbor parked his motor home and his camping trailer beside my house since June 18 2014 beside the mail box. It is very difficult to get around the mail box including the mail man to deliver our mail and for us residents to pick up our mail. ...

    David’s Answer

    Yes you can do that. There is nothing unlawful about taking a picture of a motor home and trailer parked on a public street. You can certainly take a picture and submit it to the Police Department in support of your complaint about your neighbors parking...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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  • Say jack finds a wallet in a public place and mails it back to the owner, then cops call jacks work & asks jack to come in 4 que

    Questioning. Jack mailed the ladies purse ID and Credit Card back to the woman immediately. Jack doesn't talk to police so why would he drive all the way in for questioning. Why don't the cops just put a warrant out for his arrest? and jack i...

    David’s Answer

    Jack needs to consult with a criminal law attorney and not talk to the Police without legal representation. Have Jack use the Find a Lawyer tab on Avvo to find criminal law attorneys in the South Lake Tahoe area to consult with...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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  • MY family member died due to hospital malpractice and my family is looking for a lawyer that will get paid if they win help

    my stepmom was given the wrong treatment by the hospital and died due to the wrong treatment. what can we do about this we need help with this accident.

    David’s Answer

    I'm so very sorry to hear about the loss of your stepmom. I know how difficult it must be to deal with her passing away. Unfortunately, this forum doesn't really function as a jobs bulletin board, so you may not get much in the way of a response to your post. You will have to take the initiative and contact attorneys to find one to represent you. Please understand that medical malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. You need to have a medical malpractice attorney get your stepmom's files and have them reviewed by a physician to determine if professional negligence occurred and if you have any recourse. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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  • Need CRIMINAL/TOWN CODE/CIVIL RIGHTS/CONSTITUTIONAL attorney for one case. Town of Brookhaven break in

    I hired a Town Codes atty for my 1st case with this town. Judge and town atty allowed nothing to be put on the record to prove my home was broken into to. I got zero legal representation. Not one minute to prep, started suppression hearing w/o an...

    David’s Answer

    Unfortunately, this forum doesn't really function as a jobs bulletin board, so you may not get much in the way of a response to your post. You will have to take the initiative and contact attorneys to find one to represent you. Your best bet is to use the Find a Lawyer tab on Avvo to find attorneys in your area to consult with... Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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  • How do I get a civil rights arrorney to represent me?

    I was told that I need a human rights attorney. I think I have a case where I could get a decent settlement. I need an attorney to help

    David’s Answer

    Unfortunately, this forum doesn't really function as a jobs bulletin board, so you may not get much in the way of a response to your post. You will have to take the initiative and contact attorneys to find one to represent you. The Find a Lawyer tab on Avvo is a great search tool. Search for Civil Rights attorneys in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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