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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33385
Experience:  Retired (mostly)
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Socrateaser only please. Hey there! I hope this note finds

Resolved Question:

Socrateaser only please. Hey there! I hope this note finds you well! The neighbors who lost the lawsuit against me for a basketball hoop in my driveway are at it again! In the past, they have used things that have not cost them money to harass me. That includes calling the building and safety department, police, fire department and ADT security and requesting inspections of my home. My home is beautiful, but they don't like the noise that a 16, 19, 22 yr old make with their friends
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello again,

I will be happy to answer your new question. However, after reviewing our past conversations, I observe that there is a question posted by you and answered by me on 3/28/2013, at 3:29 PM -- which was never paid/rated:

http://www.justanswer.com/law/7nxye-socrateaser-please-square-s-customer-no-service-attitude.html

Would you please consider providing a positive rating for this previous answer, before I start working on this new question?

Thanks in advance for your kind attention.
Customer: replied 1 year ago.

HI, I rated the last question as excellent as usual. I'm sorry to have missed that last time. ; )

Expert:  socrateaser replied 1 year ago.
The inspector cannot enter your property without a warrant. In order to get a warrant, the inspector must sign a sworn declaration and deliver it to a magistrate showing probable cause that a crime has been committed (code violations are legally misdemeanors, which means you are entitled to your 4th, 5th, 6th and 8th amendment rights).

The neighbor would have to swear out a complaint that he/she has credible evidence of your illegally modifying your property. If the neighbor has never been inside, then the magistrate would probably deny the warrant. The question largely devolves here into whether or not the neighbor and/or the code inspector is willing to lie in order to gain entry, and whether or not the magistrate judge is a strong or weak proponent of a person's constitutional right to privacy in their home. You can't know all of this.

But, you have absolutely nothing to lose by refusing to permit entry into your home without a warrant. That is the botXXXXX XXXXXne. If the inspector is willing to go to that length to gain access, and it turns out there is nothing wrong inside, you would have a pretty big lawsuit against the city -- and the neighbor.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33385
Experience: Retired (mostly)
socrateaser and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Here's exactly what the letter said


 


 


"Official Notice to Gain Entry"


Case # XXXXX


my name & address assessors parcel #


 


The City of Los Angeles Dept of Bldg & safety has the responsibility to insure that bldgs r maintained in a reasonable state of repair & to require the correction of any hazardous, insanity, improperly maintained or illegal conditions in order to safeguard life, limb, health, property and public welfare.


 


LADBS has reason to believe that there r violations of the LA Municipal Code on the above mentioned site address & an inspection of the premises is required. Such inspection is authorized under section 98.0105 LAMC.


 


U r hereby required to provide access to the above mentioned site address by a person 18 years of age of older at the date and time specified below. Inspection scheduled for Wed May 8 at 12:30 pm


 


If you any reason, u cannot provide access at the date and time noted above, the required inspection may be rescheduled by contacting me at least 3 business days prior to the scheduled inspection as noted above.


 


Warning: Any person failing to comply with this notice shall be guilty of a misdemeanor, which is punishable by a fine of not more than than $1,000,000 and or six months imprisonment for each violation. Sections 11 (m) & 98.0105 (c) LAMC.


 


If you have any questions, require any additional information or you wish to reschedule the appointment please feel free to contact me at XXX-XXX-XXXX between the hours of 7-3:30 Mon-Fri.


Code enforcement Bureau


 


He called me today and I said I could not make the May 8 date and he forced me to set a date so I said May 15. What exactly should I do to stop this intrusion ?


 


 

Expert:  socrateaser replied 1 year ago.
Cal. Code Civ. Proc. 1822.51 requires that a building inspector cannot enter a property without the consent of the occupant or a warrant issued on "cause" (meaning 50% proof of the likelihood of a code violation).

The notice you received, despite its being supported by the L.A. Municipal Code is a violation of your 4th Amendment rights, because you cannot be compelled to permit entry by the government without a search warrant. It's up to you if you want to cooperate. The officer cannot enter without a warrant, as previously described, and you can call back and state that you are withdrawing your consent and if the inspector wants to enter, then he/she will need to produce a warrant per CCP 1822.51.

Whether or not the magistrate will issue a warrant on fairly thin facts that you suggest exist, is outside of my knowledge.

Hope this helps.
Customer: replied 1 year ago.

You are the bomb dignity! I won't forget you when I get my refi settled and some money! I know many people say this but I am truly sincere and really appreciate your patience while I get my refi complete (1/1/2 years so far!!). I'm ready to change banks… I will reward your efforts by a generous tip. ILY in the meantime and send you good energy! xoxo

Expert:  socrateaser replied 1 year ago.
Big sigh....
Customer: replied 1 year ago.

I cannot get this thread to end. It still says reply to expert. Also, I have complained MANY TIMES to JA and they don't get it so I will tell u. When I click on your name and ask u a question, a box pops up and says something like you aren't available and do I want to have my question go to someone else. Then the ONLY OPTION it provides is "OKAY" ! That is a yes or no question. I don't want anyone else to answer my questions. I want you only but in order to proceed, I must click the "Okay" button. Yesterday the ONLY attorney I ever gave a bad rating to came up as the one who was going to answer my question! I immediately called customer service asked for a supervisor, who never came on line. They said I would get a return call and never did but I did receive a canned letter to which I responded, "Please call me" so that I could explain the situation and fact that I complained about the flaw I had found and get a definitive answer when they were going to correct it. No one called. So you are loosing business from your happy customers because of this situation. Maybe if you said something. They blew me off too many times….

Expert:  socrateaser replied 1 year ago.

Looks to me like you took an answer from a different contributor despite your having asked specifically for me to answer. Kind of a strange conversation -- reads more like a therapy session, than a discussion of the law.

 

I don't actually see any substantive law provided during the discussion. But, maybe the conversation really helped you -- if so, great.

 

What's really interesting to me is that you paid that contributor -- whereas you didn't pay me for this answer. So, I have to ask you, what am I doing wrong?

 

 

Customer: replied 1 year ago.

WOW!! The people on here are natzis!! I wrote you a long explanation and when I clicked "Reply to expert" it said "access denied"!! They are stopping us from communicating!

I may have to insert this comment on another question… anyway, writing this for the SECOND time, I called customer no service and complained that they didn't ask me if I wanted another atty to answer my question! At 6:25 p I was sent an email from JA saying that you answered my question. when I went online, the question wsn't answered so I called customer no service and asked why that happened. She said she would rush you to answer it. I was upset and said NOOOOOO I don't want him to be rushed! We have a great working relationship and let him take his time to answer the question. But she instead, gave my question to another person without my permission!!

You are right, there was no law in his question and it was a therapy session. I have never been much into therapists. I think they are doing their work in an effort to unscrew up their own problems! I went to a few over the years and really got sick of the "So how does that make you feel" questions!! ha ha ha. I'd rather have a good drink and chat with a good girl or guy friend!

You are the best baaaaaby! I love your answers and you are my man!! If I need to call Customer no service again, I will. They have this other problem that I have complained about several times before. I'll tell you too in case you have any pull with them. Yesterday, it said you were online. I wrote my question. It said you were not available and a box popped up and told me you were not available and asked me if I wanted another person to answer the question. That is a YES OR NO question BUT there is only a box that says "okay". so you either loose all that you have typed in order to keep moving forward and move on. There was ONE atty that I ever complained about. Guess what? He was the person that got my question. So I called customer service "CNS" herein. I said I only wanted you to get my questions and I did NOT want Dimitri to answer my question. Anyway, I asked a supervisor to call me as I have brought this issue up before and they have not addressed it.

I didn't want to be rude to the other guy. All of a sudden I was caught up in a chat I didn't even start. I went to get what I thought was your answer and he was there chatting.

So can you answer my question please? I love you and want to keep our thang going! ha ha ha.

Expert:  socrateaser replied 1 year ago.

The website is not preventing us from communicating, because I can respond to your question here, and, in the other Q&A session.

The question remains: are you going to pay for this answer?

It's certainly your right to refuse to pay, but I don't think it's fair that you didn't want to be rude to the other attorney, so you paid him, whereas, you want me to answer because you "love" me (quite a commendation), but you haven't paid for my previous answer.

 

I thought only my ex-spouse would ever use that rationale.Cooltitle="Cool"/>

What's up with that?

Customer: replied 1 year ago.
Oh you're a big sassy tonight eh? I have been a monthly member for well more than a year. I don't pay for any specific answer. Where on my questions haven't u been paid in the past? Lousy English... When I refer to money, I'm referring to tips. When I refi my house, I will tip you generously for the great service u provided when I was down and out in Pacific Palisades.

Does that answer your question? On my plan, JA pays everyone I speak to and again, he tried and I was caught up in chat before I knew it. Took me off guard.

I've referred many of my friends to u personally. I really have sincerely XXXXX XXXXX counsel and possibly banter? Lol.

Thank u.
Michelle
Expert:  socrateaser replied 1 year ago.

Regardless of your plan, I don't get paid, if you don't rate my answer with one of those smiley faces. So, if you would please do me the kindness of rating this answer, then we can move on to your next query -- whatever that may be.

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