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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18 views

What is the odds of winning a eminent domain suit? [closed]

Basically, I operate a strip mall worth a decent amount. I was informed the local government is going to eminent domain the property and seize everything. Is it futile or should I seek professional ...
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29 views

Collecting California Unemployment during the pandemic while working full time [closed]

Ok I know it was wrong for me to be collecting unemployment while working, but it was during a pandemic and I was uncertain about the new job I was working for at that time. My question, moving ...
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1answer
56 views

How much can I see, of a dissolution of marriage filed in Alameda County, California?

I live far away from California, but want to know more about this divorce. Can I request a copy of all documents in this case online? If so, can I request the documents to be emailed to me? If not, ...
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2answers
83 views

Search Warrant Verification

In Los Angeles, California, if apparent police show up at my door with an apparent search warrant in their hands at 3am, how can I independently verify this? I don't want to be tricked into opening ...
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1answer
101 views

Neighbor has other neighbors fence removed

PersonA hires contractor to remove a fence. PersonA deliberately lies regarding ownership of the fence and land. Fence is actual property of PersonB and is actually on PersonB's property. Contractor ...
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1answer
26 views

Written promise pre-purchase vs signed agreement, what's stronger?

Imagine the following situation: A customer of a relatively high cost service asks a supplier for a full refund option bound to a specific condition that may or may not occur later in the process. The ...
2
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1answer
93 views

Is employment discrimination against obese people legal?

Some scientists have proposed links between obesity and personality traits, e.g. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2914627/ More self-controlled boys and girls are less likely to become ...
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1answer
138 views

Can a landlord refuse rent payment with the intent to evict a tenant?

I've been renting a room in California, USA for like 4 years. The rent is $650/month. For the last 10 months, there has been serious noise issues coming from the landlord's household. Those are: loud ...
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51 views

What do I do if my son's dad wants to take back a gift he gave our son saying it's theirs and not his? [duplicate]

My son's father gave our son a Nintendo Switch for his birthday. When he went to spend the night at his house (we are not together) he took it saying it was his and he would let our son borrow it. He ...
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1answer
59 views

Constitutional grounds for challenging California's AB5 in Federal court?

California's Assembly Bill No 5 came into force on January 1 2020, and has had a profound effect on consultants and other independent contractors since then. It broadly affects two classes of B2B: ...
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23 views

Is a garage “storage” or part of the premises?

In California, many realtors use the "C.A.R. Form LR, Rev 12/19" which can be found at: https://www.car.org/-/media/CAR/Documents/Transaction-Center/PDF/Standard-Forms/December-2019-New-...
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3answers
410 views

Can you charge someone with murder for hire if the target doesn't exist?

This is a completely fictitious scenario from a roleplay in a video game set in America, but say a person who is an undercover cop hires you to kill their spouse, you take the money and then they ...
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1answer
71 views

What are the penalties for attempting to fill a forged prescription in the U.S.?

My cousin who lives in Anaheim, California was just caught trying to fill in a forged prescription for a benzodiazepine (Valium/diazepam). He scanned and forged the original script given to him by a ...
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1answer
72 views

Can California water districts legally use proprietary water budget formulas?

My water district is using EPA's ETo (evapotranspiration) concept to set water budgets for retail billing. When water usage exceeds 2 x ETo x landscape area in a given month, then the HCF unit price ...
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2answers
49 views

Standing in court to collect based on “assignment of judgment” not filed in Court of Origin

Can private counsel or a collection agency "Register" a California state judgment in Federal Court for collection, and use an affidavit of "assignment of judgment" as proof of ...
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2answers
139 views

Is the following a form of “jury nullification” and if so can it be overturned legally?

Regarding the O.J. Simpson trial, an (African American) commentator said something like, "O.J. was guilty of murder, but it also appeared that he was being framed (by e.g. Mark Fuhrman), and ...
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0answers
42 views

Obtaining parcel GIS data controlled by a private company that uses public information/funds to maintain it?

I am trying to obtain GIS parcel data for non-commercial purposes. So far, most counties provide this information on their public GIS portals. San Luis Obispo and Orange County said they cannot ...
3
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1answer
76 views

Zipcar won't delete my driver's license from their records; are they legally required to?

I cancelled my Zipcar account 5 years ago. Today I tried to re-open it. I created a new account, but it wouldn't allow me to because it said my driver's license was already in use. I called customer ...
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2answers
56 views

Must all COVID-19 tests be fully reimbursed by health insurances in California, United States?

I read on one of the COVID-19 testing websites (https://www.sccgov.org/sites/covid19/Pages/covid19-testing.aspx but the following text can only be viewed but booking an appointment) [emphasis is mine]:...
2
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1answer
155 views

What is illegal to watch on the streets or other public spaces in California, United States?

Last night I was hearing some car noises in the street next to my place in San Jose, California, and by the time I went out, things had calmed down. To my great surprise, this morning I read (mirror) ...
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1answer
59 views

Question about recorded conversations

I have security cameras all around the house and a few inside. The ones inside are able to record audio. If someone knows and is aware of the cameras when entering my home, am I able to use recorded ...
2
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1answer
47 views

Can California water districts legally use EPA water budgets?

My water district is using EPA's ETo (evapotranspiration) concept to set water budgets for retail billing. ETo is higher during hot and dry months. My water district is multiplying ETo by landscape ...
1
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1answer
102 views

Do I have to let Buyer in after disclosing new defects?

I disclosed new defects to the buyer along with a inspector's estimate after he removed the inspection contingency. He wants to bring in his inspectors to inspect these defects. The new defects ...
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2answers
99 views

New defects after buyer removes inspection contingency

The buyer has removed all his contingencies and so he doesn't have any way to back out without losing his earnest deposit money. Unfortunately, I later found out that there are some defects such as a ...
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0answers
28 views

Is it legal for a physician to refuse to give a lab collection requisition for a lab that isn't affiliated with the physician?

I wonder the following: a physician in California, United States, gives to their patient a laboratory test requisition (e.g., a blood test) that is only valid in a lab affiliated with the physician. ...
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1answer
35 views

Is it ever doctor's responsibility to ensure insurance coverage for services received? California

If patient before appointment gives explicit instructions to doctor to proceed with appointment only if patient's insurance would fully cover appointment; and then doctor in writing confirms that ...
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1answer
27 views

Can specific information be needed for verification in CCPA?

If a site is registering users with name display , email and password (I am not reffering to stackexchange . ) The name is available for public display . The site provides access to account when ...
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1answer
2k views

Californian resident travelling in EU - which privacy law applies?

If a Californian resident is travelling within the EU, it seems both European GDPR and Californian CCPA privacy laws will apply. Sometimes businesses have single privacy emails, so if a deleting ...
6
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1answer
379 views

How negligent does a prison have to be before becoming liable for harm to a prisoner?

This question is prompted by this news story: A hastily executed transfer of nearly 200 people in California’s prison system set off a public health disaster that endangered the lives of thousands of ...
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6answers
6k views

“attempted murder” of a dead man?

This question inspired by an episode of a certain popular TV detective show. Mr Smith hates Mr Jones, and plots to kill him. Smith enters Jones' house, and shoots him in bed, while also setting up an ...
6
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2answers
151 views

The Californian Mask Laws of 1918

I am trying to find the text or at least the proper citation for the mask laws in San Francisco and other cities in 1918. However my research only tells me that they existed, when they were enacted ...
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2answers
98 views

Why can the plaintiff not serve papers themselves onto a defendant? I'm honestly curious about the rationale behind this

Since defective service has its own consequences, a plaintiff has an incentive to service correctly, so I'm curious why a neutral party has to serve in some places like California? Also, to what ...
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34 views

Have plaintiff allegations in complaint ever been considered slander of title?

Let's say that a business owner A maliciously sues a competing business owner B alleging that business owner B has stolen trade secrets that contained information about business owner A's customers ...
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3answers
338 views

Can I ask a potential employee if they are colorblind?

We have an inspector's position open. The job duties are to perform detailed inspection on parts we manufacture. Our customer requires that their parts be inspected by someone who is not colorblind. ...
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1answer
42 views

California Exempt Employment Minimum Pay not being met

I am currently working full time as an exempt employee in California for a company of over 25 people. I have read that due to the California minimum wage increase to $14, I am supposed to be paid a ...
2
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1answer
79 views

Does a California employer have to provide drinking water within a certain distance from your work area?

Does your employer have to provide drinking water within a certain distance from your work area? I work in a different building from the nearest drinking fountain
2
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2answers
154 views

Are property managers of rented properties obligated to wear face masks when interacting with residents?

Asking this for my sibling: "I am currently living in Oakland and am living with a chronic health conditions that puts me at greater risk of complications from COVID. My property manager doesn’t ...
3
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1answer
108 views

To what extent is “no fault” divorce truly no fault?

In the 1970s, one after another of the U.S. states switched to "no fault" divorce. This is, divorce could be granted to couples without either one of them proving that the other had ...
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1answer
51 views

Home community and separate property

Say I buy a home that is worth 200k and I pay down 100k principal of the loan before marriage. After marriage I continue to pay the mortgage. Is what I pay for the mortgage considered community ...
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3answers
2k views

Can you be held accountable for rent after you're off the lease?

In California, there's a lease with three people on it (call them X, Y, and Z) and the landlord (L), with six months remaining on the lease. Y, Z, and L agree to release X from the lease. Y and Z do ...
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0answers
47 views

Special treatment for LE family member?

Is preferential treatment illegal? If LE can employ a judgement call into decision making, are there established limits?
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3answers
131 views

Will police arrest the perpetrator if the victim doesn't care about the crime?

Say someone steals from a store. This is recorded and reported by an employee, but the owner doesn't care. Will police only arrest the perpetrator if the victim cares? Is it necessary for the victim ...
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0answers
24 views

Lease Addendum (California) waiving privacy rights to “recordings” - what kind of recordings are implied?

My apartment lease contract in California (Bay Area) has an addendum about waiving the rights to "recordings" taken or made of me. The addendum is formulated in highly legal jargon and its ...
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0answers
53 views

Does rent control apply to me between two 6-month leases (CA)?

I am on a 6-month rental lease here in San Clemente, CA and just contacted my landlord saying I'm interested in signing another 6-month lease after this one ends (April 2021). She responded that I ...
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0answers
42 views

Early morning parking enforcement without signage in California

I recently moved to Glendora, CA which has an early morning parking prohibition. I was unaware of this until I got a ticket. Where I got the ticket is a typical suburban street, no posted signs or ...
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1answer
91 views

Do I have to return the deposit to my roommate when she didn't pay rent and refuses to pay utilities? [closed]

My roommate and I are both on lease, we both split the deposit. Utilities are under my name since she has bad credit. No roommate agreement but plenty of proof of her paying bills etc. She gave 30 day ...
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1answer
70 views

In California, what is the law that authorizes the moving party of motion for protective order not to comply with the discovery in question?

Some attorneys say so (e.g. https://www.avvo.com/legal-answers/is-the-discovery-process-halted-when-a-motion-for--3637798.html), but when I looked into the statute (CCP 2030.090, 2031.060, 2033.080), ...
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2answers
48 views

Can an attorney consent to an IEP on parent's behalf?

Under the IDEA, can an attorney that has been retained to represent the parent of a student consent to an Individualized Education Program proposed by the student's school district on the parent's ...
2
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1answer
117 views

What damage can police cause during a search?

Consider the following hypothetical: police in California raid a home (with a warrant) to search for drugs. The home in question has a security system in place which includes CCTV cameras. Wanting to ...
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2answers
116 views

Liability in failed house arrest

Say police place someone under house arrest. They are negligent and allow the person to leave and attack people. Are police liable for damages, since they are required to protect people in their ...

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