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
74 views

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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1answer
95 views

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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51 views

What does this mean by AppleCare Repairs [closed]

after my apple device got fixed, I received a letter say that "A buyer os this product in California has the right to have this product serviced and repaired during the warranty period." ...
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2answers
141 views

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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1answer
112 views

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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0answers
27 views

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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1answer
100 views

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 ...
2
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1answer
59 views

Does Bob have to file a courtesy physical copy of his complaint to the courtroom clerk even if he e-files a suit?

For example, Alameda County Superior Court Local Rule 3.30(c) provides as well as its "Technical E-Filing Requirements" instructs in point 12. "Printed Courtesy Copies" that "...
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1answer
99 views

California: How long does right-of-way persist after a lane change?

Suppose I am driving on a road in California with 2 lanes going in the same direction. My car is 3 car lengths ahead of another car in the adjacent lane, and both cars are going 45 MPH in the same ...
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1answer
54 views

Can a waiver of court cost include printing costs or fees?

Information Sheet on Fee Waiver of Superior Court Fees and Costs states that “If you ... want to sue someone ... and cannot afford to pay court fees and costs, you may not have to pay them in order to ...
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0answers
58 views

Can a bank be compelled to ID a dozen of its customers for an investigation of an alleged misdemeanor vandalism charge in California?

Could the police request that, for example, all users of an ATM in the vicinity of the alleged crime within, say a 30-minutes time frame be listed and personal information including name, date of ...
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1answer
43 views

Who decides about civil penalties and punitive damages if a suit defaults on the defendant’s failure to respond to a complaint?

If in a lawsuit a plaintiff seeks punitive damages or civil penalties or both, it is within the sole discretion of the jury to award them, and the only duty the court is tasked with in the ...
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2answers
81 views

Can Alice accept tips after providing free, no-strings-attached labor or service without employment authorization?

Alice is an asylum seeker with her EAD pending renewal with 179 days of unauthorized work under her belt total. Bob is a recipient of the labor or service of Alice. Is she entitled to engage in labor ...
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2answers
137 views

Holding refunds for pre-orders until the items become available

How legal is the following practice?: A store takes pre-orders for physical items. The items take much longer to become available than estimated. The customers get frustrated and request refund/...
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1answer
50 views

May pre-judgement settlement be considered as compensatory damages for the purposes of punitive damages?

Say Alice is harmed by the bad faith conduct of Bob that results a punitive damages’ multiplier in a suit therefor; however, Bob, post-motion and pre-judgment, offers a settlement for all compensatory ...
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1answer
188 views

Expediting refund from a store which takes time to process it

A small online store selling physical goods has failed to ship a purchased item within estimated timeframe and has agreed to refund (under $2,000). However, it is now taking time to process the refund,...
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0answers
55 views

Can being categorized as a `US resident` by the bank make me a tax resident in CA or US?

According to IRS, I was never a US tax resident. But there is a US bank that thinks I'm a resident in the US. I didn't update my info after leaving. I did fill out W8. I also filled out after leaving, ...
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0answers
26 views

Can you recover an original traffic citation in California after the court retention time frame?

the USCIS is asking me for all criminal records or traffic offenses since I arrived in the United States 7 years ago. My only incident so far has been a traffic ticket for not showing evidence of ...
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1answer
133 views

Can you break a lease because the landlord refuses to evict another tenant who physically threatens the leaseholder?

Suppose a tenant has a neighbor who has taken it upon themselves to verbally threaten and harass said tenant. Due to the inherent risk of engaging with the neighbor, the tenant contacts their landlord ...
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0answers
66 views

Can a manufacturer be imposed civil penalties under Song-Beverly after a vehicle replacement was accepted?

Bob purchased a vehicle for $75,001 which eventually meets the lemon law presumption of the Song-Beverly Consumer Warranty Act, and Bob serves a statutory notice upon the manufacturer about its duties ...
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0answers
58 views

California: Bob is going on a trip. Mechanic is fixing his car. Bob reached out to get it back, but M is unresponsive. Can M charge for storage?

This is a follow-up to California: A mechanic serviced Bob's car, has it in his shop, and verbally agreed to buy it from him. Is Bob liable for accidents before it's sold? and it contains a ...
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1answer
130 views

California: A mechanic serviced Bob's car, has it in his shop, and verbally agreed to buy it from him. Is Bob liable for accidents before it's sold?

TL;DR Bob took his car in to a mechanic (M). After M worked on it, Bob decided to sell it to him. It's currently in his shop but it'll take Bob over two weeks to sign over the title. In the meantime, ...
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1answer
35 views

What actions can be taken against a trustee who won’t disburse funds from a trust on unjust grounds?

If a trustee was refusing to disburse funds to a beneficiary and a case could be made that they did not have any sound reason for withholding, what legal actions does the law provide, to lawyers or ...
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1answer
83 views

Can a person be held liable in California if an intruder falls into their pool which didn't have a fence?

According to the Municipal Code of Santa Monica: The swimming pool or spa, or the entire parcel on which it is located, shall be walled or fenced from the street or from adjacent properties; and ...
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1answer
109 views

Can you de-identify a lawfully recorded audio-only call to lodge with the court and offer into evidence?

Bob, while providing lawful notice of call recording by beep-tone warning notification, records calls with a company that does not record calls where it ordinarily conveys information that exposes it ...
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2answers
68 views

Ownership/property idea

Let's say I find a small public company worth 1 million. There are many. Now, I pay 50k and get a margin loan for 200k more. Then the stock appreciates a little, I buy more and I end up with 50% ...
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1answer
103 views

Can someone working with a law enforcement agency "get away" with a speeding ticket if is required ASAP on a location?

On the episode Red Alert (S03E13) of the show The Mentalist, CBI (like the FBI, but only for CA) Consultant Patrick Jane gets stopped by a police officer on it's way to a crime scene because he was ...
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2answers
7k views

May I bring weapons and/or defend myself when trespassing for a legal reason?

Let's say I have to trespass for a legal reason, e.g. a court order allows me to retrieve property. Am I allowed to defend myself while trespassing? Can I bring weapons or whatever is needed to defend ...
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1answer
56 views

Where can a sample of a recorder warning tone compliant with Federal Standard 1037C Telecommunications: Glossary of Telecommunication Terms?

In California, audio recording without express notice or consent of recording of a confidential conversation generally can only be carried out if an recorder warning beep-tone is audible for each ...
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0answers
48 views

What is the scope of damages in common law fraud?

It appears to me that in case of fraud, the benefit-of-the-bargain rule defines the breadth and width of the liability of the tortfeasor in some U.S. states, and not strict liability. Do I understand ...
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1answer
75 views

Could Bob get gagged by a court on its own initiative? Is there any support for that in law?

This is a question based on the same fact pattern as set forth in this question: Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing ...
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0answers
23 views

Married couple moving from a common law state to a community property state: California and Washington approach this differently?

If a married couple moves from a common law state to a community property state, do the properties they acquired after marriage (other than some prescribed exceptions) become their community property? ...
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1answer
82 views

Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing widespread public safety issues?

Bob is your average consumer having bought a vehicle that turns out to have been an undisclosed “lemon law buyback” without any branding. Big Co., from the get go, had no intention to be bound by the ...
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1answer
173 views

Do you have to pay tax when you sell a gifted car?

Assume someone gets a used car as a gift that has a value under $10K. Now, a short time later, he wants to resell it. Does the law oblige him to pay any taxes arising from the sale? If so, how much? ...
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1answer
157 views

Can buyer sue the seller who sold a car to the seller of a car?

If person A is a criminal man and changes the odometer of a used car then sells it to person B, then after some time person B who doesn't know about the truth advertises the car with the fake mileage ...
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1answer
83 views

Will tax evasion/fraud cause a jail in US?

Suppose that someone bought a used car from a private party for cash (under $10,000) in California, and the seller wrote it was a gift, so that the buyer gets a new title without paying the tax. Then ...
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1answer
73 views

How can somebody pay taxes of a "gifted" car?

Suppose someone buys a used car for cash, and the seller says "I will write in the title that it's a gift to avoid sales tax, instead of giving you a discount". Suppose further that the ...
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3answers
147 views

Is it a fraud if someone changes the mileage of the car, then sell it and write this mileage into the title?

Suppose someone buys a used car with the odometer showing 130k miles, and the seller enters this number on the title.  By the look of the condition of pedals, seat shapes, etc this mileage seems true. ...
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3answers
94 views

Can service on a potential civil suit defendant be performed directly even if their agent has demanded otherwise?

Bob buys a car that meets the "lemon-law" presumption of California's lemon laws; to collect civil penalties for non-willful violations, he needs to serve a notice on the manufacturer. But ...
3
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0answers
33 views

When bounties are offered for information leading to a conviction, how is it decided who gets it?

Inspired by this article, how exactly is it determined who gets the bounty? Surely the police get many tips, do all informants get paid? Is the bounty split or do they all get the full amount? If ...
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2answers
71 views

If notice in certified mail is required by statute, does that rule out compliance if one also asserts statutory confidentiality of settlement talks?

For example, the CLRA (Cal. Civ. Code §§ 1782, 1750, et seq.) requires notice of demand 30 days prior to the commencement of an action in certified or registered mail, return receipt requested, ...
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1answer
50 views

What torts can a person not yet admitted to the bar represent before a California state or federal court?

A comment on a recent question stuck with me: "[L]ay people can't prosecute [torts] in California". Is this correct? And if so, to what extent? What torts can and cannot be prosecuted by a ...
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0answers
17 views

Bus. & Prof. Code § 17100 provides penal provisions; can Bob files suit if non-lawyer?

It is typically a prerequisite of attorneys that only those with sufficient experience take on any cases relating to violations of Unfair Trade Practices and False Advertising (Bus. & Prof. Code § ...
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1answer
55 views

waive California meal period

I was confused by my employer saying that I cannot waive my first meal break unless I work less than 6 hours. 512.   (a) An employer shall not employ an employee for a work period of more than five ...
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1answer
436 views

Citing federal court cases as authorities in state court

Do federal court rulings (non-appeal) function as estoppel or persuasive authority for them to be cited as authorities in state court civil complaints when the question at stake relates to state laws?
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1answer
143 views

Who owns the company before the founders' shares vest (HBO's Silicon Valley plot point)?

In the HBO show Silicon Valley, an important plot point is when one investor fires the founder/CEO against everyone's objections. Originally, the founder gave 10% of the company to investor A (a ...
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2answers
71 views

Federal bright-line forbidding shooting a non-threatening fleeing suspect?

Context: Re: Woman shot by school safety officer to be disconnected from life support The school safety officer had responded to an "off-campus" incident, Chris Eftychiou, public ...
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1answer
77 views

Can a customer unilaterally sever a contract with a service provider that has changed name and ownership?

I am a board member of a homeowner's association (HOA). The board is potentially interested in severing a contract with a company that has been managing our association since 2007. In 2007, the ...
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0answers
66 views

Does California Homeowner's Insurance provide Workers' Compensation Insurance for a Nannyshare hosted in another family's residence?

If a nanny in California cares for the children of Family A & Family B, primarily within the home of Family A, will Family B's homeowner's insurance include workers' compensation insurance for the ...
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2answers
2k views

What constitutes a "religious belief"

Reading this article I have to wonder what "religion" all these SF police employees belong to that denies them access to the vaccine. Do they have to declare which religion they're a part of ...

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