Questions tagged [california]

Questions specific to the State of California.

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1answer
37 views

Can an individual in California file a small claims case and NOT serve the defendant (or defer the serving)?

Does California allow a plaintiff to file a small claims case and either not serve the defendant or defer the serving until some time in the future (perhaps the plaintiff has 6 months to serve the ...
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1answer
45 views

Statute of Limitations on Prosecution

What is the Statute of Limitations for prosecution in CA,USA on Penal Code #308a? I have tried everything. Please help?
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51 views

Can I force my ex-spouse to remove my name from a loan?

In California, my girlfriend is on a mortgage with her ex-husband. In the divorce, she agreed that the property was his, but her name remained on the loan. Later, the ex-husband re-financed the house ...
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0answers
24 views

Rights to documents sent on your behalf by an insurance company

I recently had my insurance company file subrogation against a government entity for the recovery of my deductible (and presumably their expended cost) after my vehicle was damaged on government ...
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1answer
63 views

Car towed from shopping center, can prove towing company is lying about the time my car was parked

My car was towed from a shopping center in Santa Clara county. I had parked at the said location around 8pm. I got my car released from the towing company after paying $450. The release document says ...
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1answer
52 views

If insurer defends insured under Reservation of Right then can they seek reimbursement for legal costs?

Let's assume insurance company in California agreed to defend its insured and picked a legal counsel to represent their insured. But at a later date sent a reservation of rights letter with following ...
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0answers
14 views

Product Liability and Consumer Expectation Test Regarding Cannabis Edibles [California]

There's a case where a first time edible user takes a gummy and incurs permanent health damage. I have to argue the stance that the consumer expectation test fails and there's a design flaw with the ...
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30 views

California news media defamation damages and actual malice

California Civil Code 48a concerns libels in news media: (a) In any action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, ...
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0answers
40 views

Do old buildings have to conform to “modern” building code in California?

I've only got the 2016 building codes on me, but there don't seem to be major changes in the relevant 2019 building codes according to what information I've been able to find. Section 402.5 (Chapter ...
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1answer
68 views

Can a US firm legally hire someone as intern after they have graduated from school/university and aren't enrolled in any school/university?

Can a firm US based in the United States legally hire someone as intern after they have graduated from school/university and aren't enrolled in any school/university anymore? If state-dependent, I ...
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4answers
208 views

Is it legal for a District Attorney to choose a policy to not prosecute certain crimes?

San Francisco DA announced that he won't prosecute certain crimes like public camping or public urination (second source). "San Francisco's new district attorney has chosen social justice over the ...
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1answer
44 views

Cosmetology salon workers status in California from 2020?

I have been reading at various sources that beauty salon workers that have independent contractor status would be reclassified as employees starting from 2020 throughout the California. Presumably ...
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1answer
48 views

Michigan-Registered Car driving in California Front License Plate Question

I am moving from Michigan to California. I am shipping my car, it is in transit. The car is registered in Michigan and Michigan does not require the car to have a front license plate, so my car does ...
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1answer
27 views

How to handle an existing business' income and expenses when incorporating

I'm looking at incorporating my sole proprietorship as an S Corp. (An alternative I'm also looking into is an LLC taxed as an S Corp). My existing company already has income and expenses in 2020. ...
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9 views

How does AB 375 (and its FCRA carveout?) address tokenized data brokering/APIs?

As I'm sure has happened to a few others this week, the bits of AB 375 (The California Consumer Protection Act) that came into force this month blindsided me a bit. I've tried to wrap my brain around ...
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34 views

Should insurer ignore exclusions when extrinsic evidence contradicts allegations?

Commercial general liability insurance has exclusions that insurer doesn't have duty to defend or indemnify the insured in case claim arises of criminal activities, misappropriation of intellectual ...
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1answer
55 views

Can a California county restrict redistribution of its GIS products? (even if I FOIA the data)

Alpine County, CA makes a Parcel Map available for a certain fee. Many other counties make this data available for free but Alpine County charges some $1.3k to acquire it. This part is fine, and I ...
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2answers
22 views

What exactly is “publication” in commercial general liability insurance context?

CGLIs have following paragraph to define insurance trigger for advertising injury: Oral or written publication, in any manner, of material that slanders or libels a person or organization or ...
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0answers
32 views

Can insurer avoid duty to defend by speculating about extraneous 'facts'?

It looks like insured one can't speculate about extraneous 'facts' to trigger Duty to Defend: An insured may not trigger the duty to defend by speculating about extraneous ‘facts’ regarding ...
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1answer
71 views

Could U.S. states test a wealth tax?

There has been some debate in the Democratic Party on the subject of a federal wealth tax. I know that there is some debate about the constitutionality of a wealth tax, but for the purpose of this ...
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2answers
106 views

Is it legal for police in California to use a hidden microphone?

Is it legal for police in California to record suspects via a hidden microphone in police vehicles? If so, how can the information obtained be used?
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1answer
44 views

Can you be required to have a written contract by California?

I was reading the list of the 12 conditions necessary to qualify under as a Business Service Provider (BSP) in California over at https://insight.ieeeusa.org/articles/california-bill-ab-5-threatens-...
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1answer
72 views

What can I do if my attorney misses a court deadline?

In California civil court cases: Will court extend filing deadlines for me if I can prove that my attorney was unresponsive? Are attorneys liable for the consequences of missing court deadlines?
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0answers
18 views

Source for California citations in the form “vc” or “cvc” rather than the Veh. Code form

I have seen many citations of California codes that say things like 'VC § 1234', 'CVC § 1234', "vc sec. 1234", "cvc section 1234" etc, when referring to the Vehicle Code. I've also seen the same style ...
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1answer
44 views

Are there precedents where attorneys have been punished for plagiarism in their court filings?

Let's assume that plaintiff and his attorney wrote a complaint and sued you in a state court. You later discover that plaintiff has brutally copy pasted multiple paragraphs from a different, unrelated ...
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1answer
638 views

California’s AB5 and freelance software development

Does California’s AB5 affect freelance software developers? If they own their own company (registered as Inc.) then they obviously are not looking to become an employee. They started their company to ...
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1answer
78 views

What responses can be filed against plaintiff's complaint that was filed with intent to harass?

Imagine that a plaintiff and his attorney both have acted in bad faith and sued you, and that: "facts" alleged by the plaintiff in the complaint are wrong and the plaintiff's attorney has not done ...
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3answers
168 views

Secretly recording job applications to incite the manager into EEOC violation [closed]

I am planning to start targeting small businesses owned by veterans, and apply for jobs while wearing a hidden recorder. I plan to bait them by stating during my request to apply for a job, "...
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1answer
93 views

Does an Equipment Failure Count as a Test Failure for California DMV?

This is not about me, but it is a question that has come up with someone I know. In California, if you show up to take the DMV drive test, and you can't take the test because of an equipment failure (...
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0answers
43 views

Tasks which require professional licenses by non-licensed persons

Background (as I understand it in California) My friends, some stranger, or myself are allowed to do minor repairs (minor plumbing or electrical work) to a home, without the need for professional ...
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1answer
165 views

Can cops turn their siren on with no warning?

Okay so this just happened to me minutes ago,my mom was in the middle of a turn when a police car was coming head on, there was no indication or anything he was just driving like normal but before he ...
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1answer
49 views

1980s California murder trial transcript

I'm not a legal student or scholar, but I'm looking to get my hands on a full transcript of a California murder trial from the 1980s in which the defendant recieved the death penalty. Since the LA ...
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1answer
75 views

Is customer list really a trade secret in California?

This is about the lawsuit where our tenants and we, the landlord, are being sued for misappropriating competing beauty salon's trade secrets (i.e. customer list). We are about to sign retainer ...
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0answers
91 views

Does VII help employers oppress workers, or are there other laws that compensate?

I am wondering whether an employer can hire two people under the same job title and pay but deny them equal working conditions. For instance, it is common practice for Walmart to hire customer ...
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1answer
44 views

How does rental income garnishment work?

I am a former tenant and never received my deposit. The small claims court ordered my deposit be paid in full. I understand I can garnish rental income from my landlord who still refuses to pay. My ...
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2answers
80 views

Can my boss promise a job to someone before posting it?

I work in California. I'm due for a promotion for a supervisory role. Before the more senior employees were considered and one was promoted. I got word that my manager promised the job to my coworker ...
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0answers
58 views

Can phone conversations be used in court as defense?

I live in California where all parties involved in the phone conversation have to give consent before phone conversation can be recorded. My question is - how the information discussed over the phone ...
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2answers
115 views

You must pay more just because you can

Suppose I win a civil lawsuit against two parties in California, one being wealthy and the other being poor (and unlikely to pay), but the poor party has clearly (according to the judge, any jury ...
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2answers
136 views

What are one's options, if he is incorrectly listed as defendant in civil lawsuit?

A little background: Two employees working for a competing beauty salon left it and came to us to rent out two stations. Since day one we have had landlord-tenant and not employer-employee ...
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1answer
129 views

Can a public school host a female non-binary and transgender event and exclude all males?

I was wondering if a school can host a female non-binary and transgender field trip or event and not include males. This is a public high school in California.
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2answers
40 views

Does California's Information Practices Act (IPA) of 1977 apply to individuals after death?

I'm in the midst of researching a person who was born in 1892 and died in 1969 in California. The subject has no living heirs. I've requested documents from the California Department of Consumers ...
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1answer
44 views

Who needs to take the California driver license renewal test?

A few weeks ago, I went to DMV office in California to renew my driver license. They asked me to take an 18-question renewal test. I took the test and passed it and received my renewed driver license, ...
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1answer
85 views

Stop paying for service after company refuse to end contact even on valid ground

So I signup for a service with a 1-year contract. After a year the contact would be renewed on a month to month basis with 1-month notice to terminate the service. I have contacted the company and ...
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2answers
287 views

Trespassing on public property for filming a public area in California

I was filming at a County Social Service office, they clearly pointed out there dissatisfaction of the camera and called the Sheriffs, the Social Service Administrator told me to leave because I was ...
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1answer
5k views

Where are non-binary and intersex prisoners kept?

I have been racking my brain trying to figure this out. When a non-binary character has to be imprisoned, how is the correctional facility determined since most if not all are binary? My particular ...
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1answer
56 views

Wrongful Death Medical Malpractice

My Mom was killed by Kaiser, I have the hospital report. She died from sepsis but was on dialysis. They were giving her contraindicative drugs, treating her for diabetes, which she did not have and ...
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1answer
78 views

Can one pass another vehicle if the line dividing the (two-way) roadway is double, dotted, yellow in California?

Can one pass another vehicle if the line dividing the roadway is double, dotted yellow in California? Example of such a line: Video: https://youtu.be/EL1gieTP3kM. Note it is a two-way street, ...
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2answers
30 views

Real estate - Transfer Disclosure Statement and Disclosure of Repairs

This question pertains to real estate law in the state of California. I recently purchased a house and moved in this past weekend. Yesterday, the first rain event of the season occurred, and several ...
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2answers
35 views

Last Will and Testament

If you search for will services there are many that seem to do nothing more than fill your name and other details into a predefined format. These services also often charge money for it. Of course ...
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2answers
66 views

Is it possible to request a copy of my client file from the public defender and district attorney office?

I have a disposition hearing for a new case and I would like to present evidence, particularly from conversations between my public defender and my doctor and the DA and my doctor, from an old case. ...

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