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Questions tagged [california]

Questions specific to the State of California.

2
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1answer
24 views

Can one appeal a small claims judgement in California

Under what circumstances can a small claims case be appealed in CA? Is it only for errors of law?
0
votes
1answer
113 views

How do I press charges against my former broker for forgery?

I am a Realtor. When I was first licensed I began working for a broker in Los Angeles, CA. After almost 2 years we had a dispute and he refused to pay me. It was at this time it was discovered that I ...
-1
votes
2answers
146 views

Can I take an employer to court for false promise? He promise me a temporal job for 2 months and din't fulfill that promises?

Can I sue a person for don't fulfill his promise? Sorry for the long story. We are "friends" from long time ago maybe from 2010. He started his own small business 4 or 5 years ago and sometimes asked ...
1
vote
1answer
30 views

California Recording Law - Do recordings need to be used as stated?

In California, two-party consent recording law requires that consent be obtained by all parties before recording phone calls. I've pasted relevant parts of this law below. Further, subsection (d) of ...
0
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0answers
94 views

If Barefoot v. Jennings is upheld by CA Supreme Court, what recourse would disinherited child have against undue influence by unscrupulous caretaker?

Background My friend (plaintiff) has an open case against her mother's unscrupulous caretaker (defendant). Plaintiff is claiming that the defendant used 'undue influence' against plaintiff's mother, ...
-1
votes
2answers
147 views

Can I object to a flight attendant praising TV characters for 5 minutes?

During a domestic flight, one of the flight attendants started making rather annoying praises of them being a fan of Disney and Mickey Mouse, Mickey Mouse' birthday, and asking whether anyone was ...
3
votes
0answers
38 views

What happens if the officers of a company refuse to show up at board meetings?

Acme, Inc. is a California corporation. They have quarterly board meetings. To have a quorum, they need one of the officers to show up: the CEO, the CFO, etc. None of the officers are willing to ...
2
votes
1answer
69 views

Why California codified “A trustee may not require a beneficiary to relieve the trustee of liability…”?

Full text of California Code Section reads: ARTICLE 1. Trustee’s Duties in General [16000 - 16015] ( Article 1 enacted by Stats. 1990, Ch. 79. ) 16004.5. [click for link] (a) A trustee ...
0
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2answers
41 views

60 days Notice allowed for Month-to-Month rental in California?

Can a California landlord require 60 days notice on a month-to-month rental agreement?
0
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0answers
21 views

What laws govern MLM reseller buybacks in California?

Many multi-level marketing (MLM) companies offer resellers a buyback policy, where product previously purchased by the reseller can be returned to the company for a refund. Apparently, many ...
2
votes
1answer
68 views

NDA and Applying for Unemployment

Is information required for an Unemployment application exempt from NDAs? I signed one when I was hired, agreeing not to discuss my employer (a celebrity, hence the NDA), employment, separation, etc. ...
1
vote
1answer
109 views

Do California process servers typically try phone calls before resorting to ambush?

I've reason to believe that someone might be planning to sue me (it's unclear). Last Sunday night I got a knock on my apartment door at around 9:30pm from a stranger who tried to talk me into opening ...
1
vote
1answer
22 views

LLC liability for prior (sole proprietorship) product

Say that I start selling a digital product while operating as a sole proprietorship. I later go through the process to form an LLC, and then continue to sell the product under the name of my LLC. ...
2
votes
0answers
54 views

In California, who has right of way when two cars try to get to the same lane at same time?

In a highway with 3 lanes, if a car driving in the left lane and another car driving in the right lane decide at same time to change lane to the middle lane, who has the right of way? In Texas, ...
2
votes
2answers
69 views

Tenant joint letter to evict an other tenant?

I am in the Los Angeles area, and there are 4 tenants in my house. The last tenant who just moved in yesterday smokes, I told him that he needs to do it at the far end of the yard, and clean up ...
2
votes
3answers
50 views

Can someone collect damages without providing receipts?

This question could apply to any part of the United States, but particularly to California, which is unusually consumer friendly. Suppose I am involved in minor car accident (basically a fender ...
1
vote
1answer
55 views

Mobile home park in California charging extra fees for television service

I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly. ...
1
vote
1answer
29 views

Dual Consent Laws of California Relating To Residents Of Other State's

CA Penal Code 632 sets forth that all parties must be notified that a conversation is to be recorded. I have a person whom I'd like to assist in a proceeding, possibly, given the situation is ...
7
votes
1answer
206 views

Do trans women count as women for the purposes of this new California law?

This article on CNN states the following: That's according to a new law, enacted Sunday, which requires publicly traded firms in the state to place at least one woman on their board of directors by ...
1
vote
1answer
163 views

What is the name of the transverse white line that separates different time-limited parking zones?

I parked on a street that has 2 parking zones: all-day (with bi-weekly street sweeping) and two-hour. Painted on the street is a single six-inch-wide six-foot-long transverse white line that, I ...
6
votes
0answers
56 views

Can a state agency, asserting “equal footing”, ignore an order from a state court

Awhile back I had to hire an attorney when the state of California was erroneously notified from another state that I had been convicted of a DUI...resulting in a suspension of my California Driver's ...
5
votes
1answer
104 views

Is an agreement enforcable that makes parents liable for a child’s behavior at school?

Hypothetical facts Alice is 17 (a legal minor). Alice attends the 12th grade at Bob High School (BHS), a California public high school. BHS loans Alice a laptop to do her school work. As a condition ...
1
vote
1answer
29 views

Contract still valid after servicer changed name?

There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else. I had a contract ...
0
votes
2answers
75 views

Church / School / Religion / Disney! / California

I attend a public school in California, there is a voluntary field trip day, once a year, where you go to a church. In the church, they put on a Disney show, with nothing religious about it. The ...
1
vote
1answer
30 views

Does legislation around government transparency (e.g. FOIA or Sunshine ordinances) apply to public sector hiring processes?

Can Civil Service applicants be required to sign confidentiality agreements regarding the application and interview process? Can FOIA/Sunshine requests enjoin government offices to disclose present ...
0
votes
1answer
49 views

Got into a car accident, do I need a police report?

I got into a car accident today. There are no injuries involved. Do I need to file a police report? I live in California. One police station tells me that I don’t need to file a report, another tells ...
1
vote
1answer
67 views

Would this be considered a hit and run?

Our vehicle was parked at our apartment complex and I noticed that there was a large scratch and dent on it. Would this be called a hit and run? The person who did it did not leave a note or ...
1
vote
1answer
340 views

Purchase of alcohol with a minor present

Hello people who know a lot more about alcohol laws than me, So a general gist of my question is, why is it legal for certain stores to deny the sale of alcohol to me (who is over 21) with a minor ...
-1
votes
1answer
74 views

Is the recent Bayer weedkiller damages award a reasonable expectation of the result of future appeals

Bayer through Monsanto was recently ordered to pay 289M USD in damages in the case of one individual who became ill allegedly by way of a weedkiller substance and there are 5000 similar lawsuits. The ...
2
votes
1answer
88 views

Can a Rental Contract Supersede State Law?

After several years of habitability issues (which were eventually fixed after 4 years), our landlord is asking us to sign a settlement agreement that would release them from all liability dating back ...
1
vote
1answer
79 views

Can private schools in CA require a uniform?

California has what's known as Leonard's law that protects free speech when on a private school campus, whereas the rest of the country says private schools can control speech on their campuses. I'm ...
0
votes
2answers
30 views

Financial Debt Transaction question, Compliance/accounting laws

I am an IT Database person at our company. Our company does not have a financial transaction interactive program for business users, to log customer debt payments or debt increases. So they are ...
-2
votes
1answer
162 views

Can I sue If I was served a real burger after requesting a veggie burger

My husband and I were served a meat burger after requesting a veggie burger. I specifically asked what were the ingredients in the veggie burger. The district manger happened to be in the store, ...
2
votes
1answer
40 views

Filing in Small Claims court

Can a business that is in the process of dissolving in California file in small claims court case against a contractor who owes them money?
1
vote
1answer
49 views

Deposit return after lease is up with multi-renters

My son is renting a 2-bedroom apartment with 4 other people in Santa Cruz, CA. It was initially agreed that he would share a room with one of the other tenants. That agreement did not work out, ...
0
votes
0answers
22 views

How to obtain evidence that a business registration expires that is admissible?

My friend needs to have legally admissible evidence that a business partner used a business name whose registration has expired in a business dealing. On the Alameda County clerk's web page, I can ...
0
votes
1answer
113 views

Are property taxes attached to the property itself or the owners at the time?

Are the new owners of a property liable for taxes that accrue before they purchase it, or is this the responsibility of the previous owners? How would a real estate buyer be protected against a ...
1
vote
0answers
31 views

What statute requires Apple to offer extended service for vintage products in California?

In most jurisdictions, Apple policy is to offer hardware repair service for 5 years after it discontinues manufacturing a product. In California, Apple offers support for 7 years "as required by ...
0
votes
0answers
66 views

Inventions Assignment Agreement in California

As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads: "I agree that all right (...) to any copyrightable material (...) ...
0
votes
2answers
75 views

Is it legal for a company to erroneously charge you and refund you in credits?

I was recently charged a $5 fee in error by a California based tech company. I disputed the charge via app and they issued me a “refund” in credits for future use of their service. I have not been ...
-1
votes
1answer
59 views

Were laws broken, can I use in civil or small claims?

Long story short my girlfriend of 5 years how to debit card to my savings account and every payday I would deposit $500 into the savings account for her to use and this went on for approximately the ...
0
votes
0answers
48 views

Im in California, can a recruiter ask me for my previous salary with the latest laws?

The recruiter was from https://epitec.com/, located in MI. I thought this was no longer a question they could ask as of 2018? I have a lot of calls from recruiters, but in the past year, out of ...
1
vote
0answers
68 views

California Legal Ethics: Attorney Bringing On Co-Counsel w/o Client Knowledge?

Is is a breach of ethics in California for an attorney representing a client in a civil matter to discuss their client's case in detail with potential co-counsel without the client's knowledge or ...
3
votes
1answer
160 views

Dirty Apartment 3 day notice to cure breach or quit San Diego, CA

I received a "Three Day notice to cure breach or quit" for a dirty apartment. It is dated Wednesday, but was left on my door Thursday at 9am. The landlord is coming over on Saturday before noon to ...
1
vote
1answer
43 views

Is the LIHTC assistance program exempt from the lawful source of income discrimination?

I am applying to lease an apartment in California that rents under the "Low-income Housing Tax Credit Program (LIHTC). My source of income is S/S and secondary income from investment interest. The ...
0
votes
1answer
101 views

What to do after a car reported stolen is found by the owner?

I heard that repossessing a stolen property without going through police can be considered theft on its own, so how can the owner of a car that was stolen and reported to police as stolen can legally ...
2
votes
2answers
105 views

Can I disobey a police order if I have reason to believe that to obey would put my life in imminent danger?

Suppose I am detained by a police officer and ordered to remain in the exact spot. However, the officer doesn't notice that I am three seconds away from potentially being impaled by someone or ...
1
vote
1answer
82 views

Legal requirements to build exercise equipment?

I want to fabricate a powerlifting rack for my local gym either as a donation or possibly bought to advertise my racks. It just occurred to me that there may be structural legalities when making such ...
1
vote
1answer
144 views

In California is it legal to offer less to a senior developer than a non-senior developer

So I've read about the Fair Pay Act, which is unclear if it also covers people of the same sex. I know it is not legal for the company to prohibit salary discussion between employees. I am currently ...
2
votes
1answer
196 views

What can I do about angry drivers as a bicyclist?

I live in Berkeley, CA, and I often bike to the nearest grocery store along a designated "bicycle boulevard". The street is mostly residential. I try to keep as near to the sidewalk as is safe without ...