David Carl Beyersdorf's Answers

Is it legal to kill zombies (and other related questions)?

You can't kill a dead person. You're good to go. The crime, murder, manslaughter, etc. would be in the taking of a human life. When the reanimated body chases after you, your self defense plea is unnecessary. Even if you believed the body to be alive and your intent was to kill a living person, you would be off the hook due to the legal impossibility of successfully committing the crime. Now, you may face certain problems with the intentional discharge of firearms in the city limits. Also,...

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What is the best way to dispute a traffic ticket issued by red light camera

Request a trial by declaratio. Go to http://www.courtinfo.ca.gov/cgi-bin/forms.cgi . Under the drop down menu, find "traffic infractions". Find the forms there for requesting a trial by declaration, and follow the instructions. In your declaration, do not go into too much detail. Just indicate that you stopped for the red light, looked for any traffic, and proceeded to make a right turn when there was no traffic and it was safe to proceed. (Be sure that there was no sign indicating that right...

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Can a tenant provide a 30 day notice on the 7th of the month or do I have to give notice on the first of the month

30 days is 30 days. You do not need to actually give the notice on the first, but you need to give AT LEAST 30 days notice. That is, it can be more, but it can't be less. Practically speaking, the landlord may or may not seek to get the additional month's rent our of you. Good Luck. David C. Beyersdorf

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Divorce in CA, division of community and separate property under CA state law

Much of this question will hinge on whether or not your parents really have been separated for the last 15 years. If they filed a legal separation, then the answer likely will be yes. If they did not, then the answer may be no.If they have actually been separated, then an argument could be made that your mother's community property interest in the home is only that which was aquired prior to the separation. After the separation, the added equity that your father continued to put into the home...

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Why it is hard to find any law firm to procecute police dept entity. Are they affraid...

It is quite common to see a statement like this. Why are attorneys afraid to take on the police department? Generally, this is not the case. If you have presented your case to an attorney who handles civil rights cases and they declined to take your case, it may be that you don't have a very good case. The fact that you say that you have a great civil rights case does not make it so. Get another opinion from a civil rights attorney, and take a sober look at your case. Good Luck David C....

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Is there a maximum amount of rent increase that a landlord can charge a tenant

There is no rent control in Fresno. Check your lease for any relevant terms. With a lease for a specific term, rent increases, if any would be accomplished per the lease contract. On a month to month lease, most leases remain silent as to how much an increase may be. Also take a look at California Civil code section 827. The relevant parts indicate the following: (2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any...

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CA shoplifting laws, PC 484, possible punishment consequences for petty theft

In addition to the two answers above, I would add that a first offender will likely not face too stiff a penalty. I do not practice in the bay area, but in the central valley I often see community service imposed, fines, etc. Sometimes defendants are able to work out a civil compromise with the store per penal code sections 1377-1379 and have the criminal charge dropped altogether. Good Luck David C. Beyersdorf

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Can a person be charged for assault for pushing someone down even if the person was not hurt

Yes. Although the charge and consequences of a no-injury assault will generally be relatively light, one may be charged even in this situation. Depending on whether the person has any prior criminal record, whether this was a domestic violence situation, etc, the consequences might be increased or decreased. David C. Beyersdorf

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California Real Estate Law - What constitutes buyer non-performance?

I agree with what Mr. Warbrick has indicated above. I would add that the standard purchase and sale documents in california have a simple check box for the loan contingency. From a buyer's point of view, this should ALWAYS be checked. If you used a broker and the loan contingency box was not checked, you may want to look into whether or not you have a claim against the broker. If, on the other hand, the box IS checked, then so long as you made reasonable unsuccessful efforts to get the loan,...

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Seeking personal injury wrongful death attorney in San Jose CA area

Look for someone who focuses their practice on injury / wrongful death cases. Not all lawyers are the same. The law is too complicated for any single attorney to be fully versed in all legal subjects. Experience counts. Wrongful death cases will almost always be contingent fee cases. That is, the attorney is paid a percentage of any settlement or judgment collected. The fee agreement is normally scaled so that the attorney' sfee is a lower precentage if the case settles and a higher...

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