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Questions tagged [california]

Questions specific to the State of California.

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1answer
71 views

Rental payments

The property management company is now requiring credit cards or ACH accounts for paying rent. Is this legal to require or are renters still legally able to pay by check?
5
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2answers
85 views

Register an inherited Trophy of War handgun?

My grandfather recently passed away. He was a veteran, and owned a Nazi P38 Luger handgun, registered as a Trophy of War, manufactured in 1941. It appears I may inherit the Luger. We are both from ...
0
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1answer
47 views

Practicalities of suing California-based business from abroad over minor but strong case

Bob, residing outside of the US, has installed a mobile app run by a California-based business and paid a one-year subscription worth under $200. The app happens to have a showstopper bug: basically, ...
1
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2answers
63 views

Is it very difficult to collect a debt if the defendant cannot be served? [closed]

Small claims generally do not allow service by publication. If the defendant cannot be found you have to pursue a real lawsuit. This will not be worthwhile unless there is tens of thousands of dollars ...
1
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3answers
105 views

House burned down and insurance company is trying not to honor recently updated policy?

Back in November my home burned down in the Camp Fire in Norther California. A few days before the house burned down I updated my policy to have a lower deductible and more coverage. Now that it is ...
3
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2answers
127 views

Someone forged my signature in the bill of sales

I brought a used car from Mr. A. However it was not his car. He went with Mr. B, the real owner, to an office dealing with auto registration and sign the paper together without me being there. I did ...
2
votes
1answer
66 views

Parent dead without a will

A person dies without a will in California, US, and one of several children proposes to take control of real estate. Under what conditions is this legal? How can such action be challenged, if it can ...
1
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1answer
40 views

Is a commercial landlord liable for damage due to roof leaks?

A tenant has a modified gross lease of a small commercial warehouse in San Fernando, CA. During the rainy seasons of 2017-2018 and the very wet 2018-2019, the tenant reported, on multiple occasions, ...
0
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0answers
33 views

Legality of Sugar Rocket in CA

What is the legality of sugar rocket in CA? I have found a bunch of outdated answers, but nothing from 2019. If there is a restriction, what is the maximum propellant yield an amateur can make without ...
0
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1answer
48 views

Owner Move In San Francisco

Can the owner of a residence in San Francisco sublease during the 60 months following an owner-movein eviction? The specific example I'm imagining would be if a single person purchased a 2 bedroom ...
1
vote
1answer
70 views

What's the next step if a debt collector doesn't respond to my debt dispute?

A month ago I received a debt collection letter about an alleged unpaid tax bill. I did not recognize the bill, and had definitely never heard of it before this, so I sent them a letter within a few ...
0
votes
1answer
76 views

Contract requiring the signing of a statement that may not be true when signed

I found an employment contract, in which the employee promises, upon termination of employment, to sign a "Termination Certification" and present it to the employer. The text of the certification is ...
1
vote
0answers
19 views

What is the maximum length of a school bus and trailer combination in California?

I have a 40 ft school bus rv conversion and am wondering what kind of vehicle this is legally when it comes to towing. I found some good material saying semis and trailers can be at max 65' long (http:...
2
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4answers
161 views

Can a gym ban me without actual proof of me taking a picture?

TL;DR I have a gym membership that allows me to use multiple locations. Another location told me I'm allowed to visit only 10x per month. I pulled out my phone to write down the name of the employee. ...
0
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0answers
19 views

If a medical provider refers a patient to another medical provider/business, do they have to disclose any financial interest they may have?

If a medical provider refers a patient to another medical provider or medical business (e.g., an imaging lab), do they have to disclose to the patient any financial interest they may have in the ...
6
votes
1answer
289 views

Solar shade act in CA

If a neighbors tree that is shading a solar power system that was installed many years ago (2009 homes were built in 2004) in CA (tree might have been existing in a shorter form and the trees grow ...
2
votes
1answer
161 views

Mother wants her baby to carry her surname, while the father of a child is against. What surname will be given to a child?

What is the process of legally giving a child his surname? I am on 4st month of pregnancy and I want my child to have my surname or at least have double surname since I will be the one suffering ...
0
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1answer
45 views

Can someone in California record a phone call without consent?

Can I prosecute someone in California for secretly recording my conversation with them? I had a private call and the woman is stating publicly she recorded it, though I had no knowledge of that at ...
1
vote
2answers
47 views

What is the standard way to address written statements presented as evidence in a civil case?

A friend of mine is suing someone. I (and others) witnessed all of the violations that are claimed, but I'm unable to attend the hearing in person for various reasons (mainly that I've moved out of ...
1
vote
1answer
59 views

Is it required by law to have a prescription to get an MRI scan in the United States?

Is it required by law to have a prescription to get an MRI scan in the United States? If state specific, I'm interested in California and Massachusetts. I'm reading conflicting, unsupported ...
0
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0answers
43 views

How the California Consumer Privacy Act (CCPA) impacts a non-Californian business?

January 1, 2020, the California Consumer Privacy Act (CCPA) goes into effect. The CCPA applies to any business anywhere in the U.S. or the world that does business in the state of California. Could ...
0
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0answers
26 views

Does the minimum salary test apply to small companies?

There are lower wage requirements for smaller companies. Does the minimum salary requirement/test for computer professional exemption in California (which is much higher than the federal requirement) ...
1
vote
0answers
34 views

Overtime hours & exemption for salaried 'Computer Professional' in California?

While looking into overtime exemption requirements, I came across an article that seems to indicate software developers required to work over 40 hours/week either need to be paid overtime as an hourly ...
0
votes
2answers
130 views

Am I owed this profit-sharing benefit after quitting?

This is in California. I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible ...
1
vote
2answers
144 views

Can landlord backbill 4.5 years worth of utilities that were never billed to us bimonthly as directed in the lease? (RSO rental)

My landlord has back-billed me for 4.5 years of water utilities and are saying I owe them money. The lease does state that the tenant pays for water (split as a percentage with the adjacent duplex ...
0
votes
2answers
227 views

Are text message agreements legally binding in CA small claims court?

My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks. We've contacted the ...
4
votes
2answers
69 views

Does SB-876 apply to me

I am homeless and I live in Berkeley CA, on the median of I-80 off a bike trail. A friend of mine was just told by a BPD officer that act SB-876 right to rest does not apply to us because we are on ...
0
votes
1answer
141 views

Car was registered and insured but proof wasn't in the car

This occurred in California. Can the police give you a ticket for $1,200 for a first time violation with no registration or insurance paperwork in the vehicle? The vehicle was registered and had ...
0
votes
1answer
64 views

Difference in severance package between 2 employees within a one month span

In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any ...
0
votes
1answer
60 views

Power of termination: how is it different from executory interest?

In CA, all defeasible fees are known as fees simple subject to a condition subsequent, and all executory interests reserved by the grantor after granting such fees are known as powers of termination. ...
1
vote
2answers
56 views

Buying a house in a partnership [closed]

I am buying a house with a colleague in California. I am paying 80% and he is paying 20%. He is going to live in the house, and pay rent for my 80% stakes in the house. Is it at all legal? Can I ...
3
votes
1answer
40 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
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1answer
121 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 ...
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2answers
233 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? [closed]

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
71 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
votes
1answer
252 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
158 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
43 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
2answers
162 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
64 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?
2
votes
1answer
87 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
119 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
29 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
78 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
76 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
56 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
56 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
65 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
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1answer
211 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
166 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 ...