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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Can residents of another state(say WA) have a driving license in California?

Asking for my girlfriend. She lives in WA where we do not have a car there but visits me in CA frequently. And we have our car in CA, which she needs to drive. She does not have a WA license and does ...
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Does the California Arbitration Act apply to arbitrations between an in-state consumer and an out-of-state business?

Under California Code of Civil Procedure section 1281.97, in any “consumer arbitration” that requires the drafting party to pay fees and costs “before the arbitration can proceed,” if those fees or ...
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Must we show our prenup agreement to the immigration office/officer?

If two person want to get marry together, but also like to have a prenup agreement as well, and one of the guys is on a non-immigrant student(F-1) visa, should they also provide their prenup agreement ...
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Client in California demands their contract to be signed

I'm representing a Limited company from the United Kingdom and my team has been working with a client for a few months now under an agreement we provided. Now they incorporated in the state of ...
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Must couples divide only their joint properties after getting divorce or all of it?

Must couples divide only their joint properties after getting divorce? If the man buys a house or a car after marriage in his name, or has bank accounts or investments in his name, must he give 50% of ...
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Should "Prenuptial agreement" be provided while getting marriage licence?

If two person want to get married and both are agree with writing a "Prenuptial agreement", should they provide it while they want to get their marriage license or there is no need to ...
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Asking for compensation for a broken job offer in CA

I have a family member who had a steady full-time office job in Los Angeles. He wanted a change of pace, so he reached out and got recruited by a well-known transportation company who offered him a ...
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Does a squatter's executor have tenant rights after the squatter's death?

In California, "Bob" was living rent-free for years in exchange for caretaking and minor repairs. There wasn't any written contract. Six weeks ago, Bob's sister "Sue" began to ...
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California ballot initiatives topics

Are there any limitations in the topics a California ballot initiative can address? Intuitively it shouldn't conflict with any federal legislation, but I can't find any resource specifying the areas ...
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Does California recognize a foreigner's divorce in their home country?

Considering two people came into the US with F-1 and F-2 visas, while they both are foreigners and got married in their home country, if they get divorced in their home country using their embassy in ...
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Can a f-2 visa holder request for status termination to re-marry a US citizen?

If someone came to the US with F-2 visa while she and her husband (F-1 visa holder) are not US citizens nor permanent residents, and their marriage happened in their home country, can she (F-2 visa ...
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Should foreigners file divorce in the US if they would do it in their home country embassy in the US?

If two foreigners come to the US with F-1 and F-2 visas, while they got married in their home country, if they file a divorce request in their own country embassy and it gets approved and they get ...
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Is it legal to turn across a double solid yellow line?

Is this a legal turn in Oregon? The single lane road is a private driveway and the two lane road is Highway 101. What about California?
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Does throwing eggs at a vehicle violate any law(s)?

The People's Convoy egged in Oakland, CA as they protest by Buffy Wicks neighborhood https://youtu.be/P5Wmh2Hu_24?t=238
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Malicious actions by individual moderators

This is a follow up on a previous question. Using Stack Exchange as a example, moderators should be able to destroy the site within minutes by automated means. There is no meaningful terms of service. ...
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Suit for excessive moderarion

Assume I run a site similar to stack exchange, namely no meaningful terms of service. In that case there is no restriction on behavior, any moderator can delete anything, up to and including running a ...
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Does a loss of income due to libel constitute damage for which the libelous party is liable?

Suppose someone makes a false accusation against me. As a result of this false accusation, nobody's going to pay me to perform work for them anymore. If I can prove the amount of money I'd be making ...
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Is offering a means to break one's own policy legal?

A friend's kid's High School has a strict policy against using social media during school time. My friend agrees, and made sure the kids' access to social media is blocked on all the devices they own. ...
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Is *Tako to Ama* obscene pornography?

Tako to Ama, better known as the dream of the fisherman's wife or pearl diver and two octopi, is an 1814 woodblook print by Housukai. It is widely reprinted from its original source for artistic ...
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DUI question with keyless ignition

I am aware you can get a DUI just sitting impaired in a car with keys in ignition. I have a car with a keyless ignition. I was wondering what the standard for DUI is in this type of car. I do not ...
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Trying to remember Right of Way rules for this situation

I had a negative experience on the road recently, and I want to know if I was in the wrong. It's a simple situation: I am leaving a parking lot preparing to turn left on to a main road, another car ...
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Are there any laws against shrinking the Moon and claiming it as your personal property? [closed]

Suppose I use a shrink-ray to shrink the Moon. And then I take the Moon to my house and use the Moon as a centerpiece on my table or something. By "stealing the Moon," have I broken any law?
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"Pressing charges" - is it needed to bring a charge?

In movies, it is often the case that we see police decline to proceed with a case because the victim "refused to press charges". Recently we saw this with the battery of Chris Rock by Will ...
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Life insurance already paid out

I have two step children in California and my wife died. We had a company paid free life insurance that I went ahead and claimed. I was the only beneficiary on the policy. The claim was approved and a ...
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California Apartment squeaky whistling carpet

I have carpet that makes a whistling/squeaking sound, everytime I walk on the living room . My apartment manager refuses to have someone inspect, to see if it's just loose floorboard, loose screw, or ...
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What access rights do I have as a patented mine owner?

I recently purchased a historic patented mine. There is an extensive tunnel network but some of the tunnels leading to my property have entrances off my property on National Forest land. There used to ...
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Can an escrow company require you to use a specific notary?

I have an escrow company that's telling me I can only use one of their "approved" notaries. Can't I legally use any state recognized notary?
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Is it legal to say I live at another address to Medi-Cal?

My wife and I got a house that we were told was still in the same county. Turns out only the mailbox is, but sone. Since the house is in another county we're being forced to change Medi-Cal plans, ...
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Is a BFP’s title defect a bar from transfer — theft, larceny and conversion?

This is a follow-up question on a question mini series — please see them at the bottom. In the previous episode, Joe, a BFP, purchased a Buick from Fred where converted the Buick from Sally on false ...
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How can you reference a fictitious business on the front page of a complaint?

Say you are about to sue a bunch of people who fancy looking like a legitimate business, and they pop up stores all over the place. Turns out, the DBA they run by has zero connection to a corporation ...
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1 vote
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Does CCPA require deletion of personal information when it's never sold?

I've been reading the documentation about CCPA, and from my understanding, if you don't sell users' data, you don't have to present an option to opt out. But another part of CCPA is the ability for a ...
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Which state has jurisdiction in a case of online identity theft?

Facts directly pertinent to the question A supervisor takes the case over from subordinate 1 at the arbitrator to not be compelled to admit that it failed to carry out its statutory and contractual ...
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Are prayers for relief permitted and/or need to be set forth in a sort of hierarchy?

In cases when a plaintiff does not know based on what cause of action or in which prayer the court may or will order relief out of two or more that, in their practical effect, are the same, ...
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Does a plaintiff have standing in an action for cost of suit in cases where a fee waiver is granted to plaintiff?

Or is it the court who will have to order the defendant to pay for the fees it effectively advances to the plaintiff? Background As suggested per the comments: “According to the California info ...
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Legal damages of stupid behavior

On 4chan, stackexchange and so forth mods will randomly delete content, for no reason and so forth. Even if it's not in their terms of service this is still pointless, misleading, destructive behavior....
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Can an auto policy cover their insured when they intentionally ram someone else’s vehicle?

Problem: Alice is a policy holder for uninsured/under-insured motorist losses with insurer A; Bob has most likely no insurance coverage for intentional losses he caused at least not to property ...
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Does the Good Samaritan law make it legal for a third party driver to interfere with a road rage event while it is happening?

I would like to know if the Good Samaritan law makes it legal for a third party driver to try to break up/interfere with a road rage event while it is happening. Say for example that you are driving ...
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Are judges in California allowed to award punitive damages totaling an award higher than the jurisdictional limit of a small claims case?

Background Say you are awarded $3,000 in compensatory damages, and the judge feels like treble damages would be appropriate for the specific facts of a case. Questions: Is the judge permitted to act ...
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1 vote
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In California, what claims may not state a dollar amount in a complaint or in its prayer?

Punitive damages may not be claimed as an exact dollar figure in a complaint or in the prayer since the middle '80's in California, and must be left to the jury. What other claims cannot be claimed as ...
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23 votes
4 answers
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Is it legal to refuse an offer for real estate which is above the asking price, when there are no other offers by the published due date

A house in California is for sale with asking price of X . A buyer engages with an agent and finds out in writing that offers will be accepted until a certain date. A buyer submits a formal written ...
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Intellectual property with hiring minor as software engineer

I'm currently running a startup in California, and I'm looking to hire a few minors as paid software engineering interns. Since minors are unable to sign contracts, will I run into any issues with ...
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Enforcement of foreign court orders in the USA

Can non-US court orders against US entities be honored/enforced in the US? Say if I sue a Californian company in a New Zealand court (which happens to assume its jurisdiction) and win some monies, ...
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Squatters are not Trespassers?

My wife is an assistant manager at an "affordable housing" complex (places that are not designated as such apparently admitting they are unaffordable, but that's a snide side note). A tenant ...
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-6 votes
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Bank will not take check

I am trying to liquidate everything to escape the coming market collapse. I went to the bank with a 600k check and they refused to deposit it. It exceeds the fdic limit. Do I have any legal recourse? ...
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Can I be taken to small claims court?

I ordered something on Ebay, paid for it and received it within a week. A week later I received the exact same item from a completely different vendor than the one I ordered it from. Trying to be ...
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3 votes
1 answer
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Are citizen-recorded videos catalogued as evidence by the police exempt from public records requests?

Presuming videos recorded in public, are such videos generally open to public inspection? If not, are such videos open to public inspection in non-criminal proceedings, for e.g. in traffic ...
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What stops states from creating money out of thin air?

When a private bank creates money, it obeys reserve accounting, and can't create more. But when I get paid from the state of California, it comes from their treasury account, it isn't a private bank ...
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1 vote
1 answer
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Do high-asset / low-income people qualify for free medical care in California?

Can people with low incomes qualify for free medical care (Medi-Cal) in California regardless of their liquid assets? A document on the Department of Health Care Services site (pdf) notes off-hand: ...
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Are (new) parts purchased from or replaced by the original manufacturer subject to protections under lemon laws as a new product?

Say, you purchase a passenger vehicle with some of the original warranty given by the manufacturer remaining. Knowing the typical issues with the vehicle, you decide to buy some spare parts — each new,...
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Turning when oncoming traffic has right of way, but stops for you anyway

Suppose I want to make a turn, but other cars going straight have right-of-way. To be more precise, this applies to situations like: I'm making a left turn across a lane of incoming traffic, in the ...
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