Questions tagged [california]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of California.

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1answer
60 views

Real estate law omission of important disclosure

Suppose that a person A bought a house in california three years ago. The last owner had lived in that house from the time it was built in 1964 until four years ago. When the owner passed on, the ...
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3answers
4k views

What happens if someone dies without a trace?

So normally the police or hospital is called and people get a death certificate. If someone disappears with no report, what happens? Is a death certificate ever issued?
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0answers
54 views

What effect does this ruling have on the burden of proof, if any?

“[T]he Act does not require consumers to take any affirmative steps to secure relief for the failure of a manufacturer to service or repair a vehicle to conform to applicable warranties—other than, of ...
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2answers
100 views

Would this stand the test of the Constitution? [closed]

The back story: Lady in SF Walgreens in Civic Center with accomplice “robs” store fake-coughing and claiming to have COVID. Security, manager won’t touch them, they flee with $90 of merchandise likely ...
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2answers
92 views

Concept of fraud in investment

Let's say Elon Musk knew from reserve estimates, as well as basic physical reality, there wasn't enough lithium for his plans to work. This eventually resulted in battery shortages and collapsed the ...
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1answer
79 views

How much money do I have to pay if I lose in court as a plaintiff? [closed]

There were a lot of questions about what happens if someone loses in court. A lot of the questions were pretty complex to understand. I want a straightforward answer. I have a pretty big case that I ...
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3answers
131 views

Are there laws stating that contracts should have good morals?

I am reading a contract that is clearly one sided and demands a lot of rights on the recipient's end to be withdrawn for the sake of the lease agreement. The lending party also wants to negate a lot ...
1
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1answer
77 views

Does LA's fireworks law include a religious exemption?

So, I was doing an Internet search to determine the legality of bonfires in Los Angeles (for a roleplaying game character I'm planning), when I came across this page stating that owning and setting ...
1
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1answer
39 views

Perfect tender rule vs (disclaimed) implied warranty?

Context: This is a question I have while studying for the BAR exam. In Question 2 of this practice exam (page 26), we have a contract for a good valued at $15,000 with an express warranty on its ...
0
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1answer
68 views

What constitute as income when calculating child support?

What constitute as income when calculating child support? Does it include unrealized capital gains (stocks)? So does a person who has a lot of stocks but very little income only be required to pay ...
5
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3answers
302 views

Can a woman deny her husband or a stranger paternity test?

Can a woman deny her husband or a stranger paternity test? Can a woman deny her husband a paternity test if he thinks she cheated on her? What about a stranger who claims to be the father when the ...
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1answer
4k views

Are you out of the woods if you pay a lump sum child support?

Are you out of the woods if you pay a lump sum child support? If not, in what case can you still be asked to pay more money to support your child? Let's assume that the country is the United States ...
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1answer
142 views

Take action against a hotel for negligence in accommodating a disabled guest?

My wife has diagnosed C-PTSD which her doctors have classified as a disability. She also lives with another disability related to a spinal injury which makes it difficult for her to walk. We are ...
2
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1answer
73 views

What is the latest case law defining the time frame reasonable for an insurance company to settle a claim?

Bob, a California resident, is a claimant in an auto accident where Cobb sideswiped his vehicle in the same State with a vehicle registered also in the same State. Cobb leaves the scene without ...
5
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2answers
2k views

Can a marriage be dissolved between Alice and Bob under California law?

Alice is a national of Afghanistan, Bob is of Afghanistan and the U.S.. Bob gained U.S. citizenship as a result of having been in the employ of the U.S. military as a translator and subsequently ...
14
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2answers
4k views

What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?

This is a bit of follow-up to this situation, although the question is different and things got much worse. According to a recent poll, 40% of San Francisco residents are considering moving out of the ...
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2answers
46 views

Are there federal or international law equivalents of the Maxims of Jurisprudence of the California Civil Code?

Specifically, does Civ. Code § 3517 "No one can take advantage of his own wrong" have such an equivalent? Any others are welcome or anything similar.
4
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2answers
96 views

Would sharing an unsolicited dick pic be considered “revenge porn”?

Inspired by a California Tinder profile that said "If you send me an unsolicited dic pic, all my friends will see it and will laugh at you" Obviously, sending unsolicited nude pictures of ...
1
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2answers
113 views

The court does, but does your attorney have any duty to assume you are truthful for the sake of a problem spotting?

When a complaint is first filed, per case law, courts have a duty to assume each allegation you make on information and belief as long as they are each not contradicting any other statement or other ...
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2answers
102 views

Eminent domain use [closed]

Is the government taking legally? Basically every road in the us or anything is built with eminent domain. If we're doing this a million times a year on 100k plots that's $100b. I see nowhere in the ...
3
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2answers
895 views

Will res judicata kill Bob's case before its advent?

Bob, an unsuspecting auto buyer of the State of California, purchases a new motor vehicle with a balance on its new car warranty ("Cab"). Rob is the previous buyer also within the State of ...
1
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1answer
34 views

Filed each actions at once, could you move the court to conclude one or more actions for relief before moving to other actions?

18 U.S.C. 1915 (f)(1) "Judgment may be rendered for costs at the conclusion of the suit or action [...]" This strikes me as one action may be obtained summary of judgement or other forms of ...
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1answer
25 views

Do you make two or more different paragraphs, subdivisions or sections of a statute in the table of authorities separately or how do you go about it?

Say you want to list 3 sections of the same statute in the table of authorities in your pleading including §123 and §124 as well as §125(a) and §125(b); will you list them each or will you list one ...
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2answers
66 views

Selling property to low-net-worth buyer

Suppose that someone inherited a plot of undeveloped land in a small town in California. The town has a few houses and businesses, but is mostly comprised of undeveloped lots. Even so, suppose this ...
23
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2answers
10k views

What are the legal ramifications of a legally dead person turning up alive?

Context: I am writing an urban fantasy story in which a man dies, is declared dead, and comes back to life via supernatural means on the autopsy table. The existence of the supernatural is not common ...
3
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2answers
88 views

What is the definition of “retail” or “at retail” for the purposes of the Song-Beverly Consumer Warranty Act?

Bob, a private individual, visits a store in California — where Corp, the manufacturer, maintains a showroom — and proceeds to purchase a consumer goods. Bob, after explaining his needs relevant to ...
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1answer
93 views

California: Unauthorized Access to Medical Info

I took a Covid vaccine few weeks ago with Walgreens. Suddenly in the news, California states they have an electronic record of everyone's vaccine, just provide the info on a website, and you will get ...
1
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2answers
155 views

Will X be responsible for child support if Y uses the frozen embryo that X and Y conceived to have a child, even if X doesn't want to have the child?

Assume Alice and Bob created together a frozen embryo, when Alice and Bob were partners and living together (i.e., Bob was not a sperm donor). Sometime later, Alice and Bob separated. In the event ...
3
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2answers
105 views

Is there any case law for written replies to letters or emails satisfying service of process requirements?

Hypo... Bob is required to serve a pre-court proceedings’ notice [or complaint/other filing even] on Cob. Bob and Cob are both [U.S./California] citizens. Bob sends all documents required to Cob in a ...
2
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1answer
137 views

Do pedestrians have the right of way in parking lots?

Consider a parking lot, such as this one: specifically, its one-way lanes. If a pedestrian is crossing them, does he have the right of way? If a car hits a pedestrian there, is there a conceivable ...
2
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1answer
71 views

Can I possess a locked unloaded handgun at a campsite in a county park in California?

I thought I found the answer in California Firearms Laws Summary : "Unless otherwise unlawful, any person over the age of 18 who is not prohibited from possessing firearms may have a loaded or ...
2
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2answers
163 views

Is robbery a non-violent crime? Can police deliberately ignore robberies? Is it legal to violently resist a robbery?

I just came across the following facebook status. I cannot testify to its veracity, although given the SF DA policy not to prosecute quality-of-life crimes it sounds believable. Anyway, this status ...
3
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1answer
141 views

Lemon Law: May civil penalties be assessed for the damages more than once and each up to 2 times thereafter?

Hypo... Bob buys a vehicle for $20,000 with a balance on the new vehicle warranty from the manufacturer; however, soon finds out that the engine, the AC and the radio do not conform to the written ...
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2answers
64 views

Any extreme circumstance when a substantially probably prevailing party can ask for some immediate injunction that they be provided attorney's fees?

Let's say, in California, a Forbes 500 multi-billionaire wrongdoer has engaged and continues to engage in such fraudulent and/or malicious and oppressive conduct that has made plaintiff and continues ...
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0answers
81 views

Can a defendant in a child pornography case get access to the actual material as evidence in California?

I am engaged in a semi-civil discussion regarding a recent case about a person in California who is accused of being in possession of child pornography. The person on the other side is of the opinion ...
2
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2answers
61 views

To which court can you file an interlocutory appeal from a superior court in California?

To the California Court of Appeal of the [ordinal number] District or to the United States District Court for the [geographic jurisdiction] District of California? If both, is any of them almost ...
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0answers
67 views

Are the Walk of Fame costume performers legal?

I recently learned that there are many people (arguably "struggling actors" or possibly just homeless) who dress up in costumes around Hollywood Boulevard to take pictures with tourists for ...
0
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0answers
43 views

Is there a mutually beneficial reason why a property owner should hire tree trimming service vs the neighbor requesting it?

Several large tree limbs from our neighbor's tree are hanging over our property line. We're open to help pay for a service to trim it but have heard that it's generally better for the property owner ...
1
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1answer
179 views

Can public elementary schools present material with a partisan viewpoint?

I was listening in on my 3rd grader's online lesson about environment. The pre-recorded video went more or less like this: Environment needs our protection; otherwise you the kids won't have clean ...
1
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1answer
83 views

Pass red light in another state

My car is registered in California, but I was on a road trip and accidentally passed a red light in Chicago, Illinois. It was yellow, but quickly became red. And I noticed the camera flash (it was 4AM ...
1
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1answer
78 views

Can a single attorney draft a “Default with Agreement” Divorce?

A hypothetical couple decided to amicably end their marriage. They live in California and they do not have kids. They maintain their financial lives separately, do not own any shared property and have ...
0
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0answers
56 views

Can I breach a non-disclosure agreement if I share a story, but do not identify any of the parties involved?

Assume that any details in the story would not enable anyone outside the story to infer the identities of the parties involved. The agreement is a standard NDA between me and a former employer that I ...
0
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1answer
87 views

Can a company be sued for reporting unpaid bills to lower credit score and send the bill to collections if their payment method doesn't work?

I'm trying to pay a bill but I exhausted all means to pay the bill using their payment methods. Now they sent me an email threatening to send the bill to collection since I have an unpaid bill. I have ...
1
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1answer
115 views

Stuffed in the Fridge

Los Angeles, August 1994. Kyle Rayner returns home to his flat to find a note about a surprise in the fridge, signed A. The door to the same is left ajar. Inside he discovers the remains of his ...
2
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1answer
39 views

Regulations concerning non-commercial lithium ion battery transportation

With the proliferation of lithium ion-batteries for small-scale energy storage projects, non-commercial transportation of significantly large batteries (in the few kWh range, much larger than the few ...
2
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1answer
69 views

Interpretation of “When Children Are Present” specifically on California speed limit signs

The question What do, "X speed limit while children are present", street signs mean, specifically? has an upvoted answer indicating that the "When children are present" speed limit ...
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0answers
17 views

What are the existing regulations and laws about on-call shifts in retail industry in California?

My wife has recently started working as a floater pharmacist at one red-colored pharmacy chain in California. Just a side note, while my wife has worked there, she personally vaccinated more than 1000 ...
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1answer
94 views

Is it legal for two individuals in California, United States to place a bet between themselves?

Alice wants to make a bet with Bob (e.g., betting 100 USD that tomorrow there will be no snow falling in a given location, or that some new phone to be announced tomorrow will cost less than 1k USD). ...
2
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0answers
72 views

Legality of intentionally sending patches with security vulnerabilities to open source projects

Referring to no one and no incident in particular, imagine that some individuals, interested in performing a social/technical experiment, designed some changes to an open source project, knowing that ...
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0answers
49 views

Lease Agreement Typo

A hypothetical person lives in California, USA and signed a paper lease. The landlord returned the signed lease to the tenant in 10 days. The lease contains the exact schedule for monthly rent ...

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