Questions tagged [california]
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of California.
934
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Access to personal data after data breach (US)
We just got a notice of a data breach (Change Healthcare, if it matters). They got hacked and personal, financial and medical data was potentially compromised. In order to assess the damage I would ...
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California Lemon Law: 7 years clarification
California legal code 1793.03
Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section 9801 of the ...
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48
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Unexpected Out-of-Network Lab Bill in California – Need Help with No Surprises Act [closed]
I had a biopsy a few months ago in an in-network provider's office in California. The provider sent my lab samples to an out-of-network lab without informing me. While I signed a document ...
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16
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If one is arrested, but has a baby/pet in their house, what are they supposed to do?
Rob steps out of his house real quick to commit a robbery, and the police stop him and bring him into the station and put him in jail, pending a trial. But Rob has a 6-month old baby at home, or ...
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114
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How to find out ahead of time which court a trial will be held in?
If I'm being sued or want to sue someone, I file a lawsuit in a county where it has personal and subject jurisdiction over the case. If a county has more than one trial court, how do I find out ahead ...
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140
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Eviction of a non-tenant
Consider this situation - Alice and Bob live together in a house owned by Alice’s friend. Alice has been paying rent but has no written lease or rental agreement with her friend.
Alice leaves with Bob ...
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2
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123
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What is the jurisdiction of the proposed bill SB-1047 in California?
The latest proposed version of "SB-1047 Safe and Secure Innovation for Frontier Artificial Intelligence Models Act" can be found here. Since it regulates a service (artificial intelligence ...
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If I escalate a FERPA amendment request, what happens if key evidence(waivers), was lost/destroyed during transition to digital + retention policies? [closed]
I discovered information that poses a risk to my privacy due to what I believe was an improper disclosure. I requested to review my education record and obtain documents to support my claim, but the ...
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247
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What would happen if a wife was declared dead but is actually living and wants to claim custody of her children? [closed]
If a woman left her family and was declared legally dead after seven years returns and wants to pick up her life with her remarried husband, and wants to see her children? What would she have to do to ...
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241
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Can a landlord suddenly start charging for unbilled utilities? [closed]
We have been living in this new apartment complex in Los Angeles since mid-January. Our average water bill is around $26, give or take a buck or two.
We just got our June water bill that is $200 more ...
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P.I. License requirement?
Regarding the drone search and rescue industry in the southern California area. Specifically, using thermal drones to look for lost dogs. I stumbled upon a website https://www.missinganimalresponse....
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What happens if you don't appear for jury duty for legitimate reasons in the state of California?
I'm wondering what happens if I can't appear on my date I'm assigned for jury duty? For example, if I get into a car accident on the way to the courthouse or my kid gets sick on the day of jury duty. ...
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71
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Clarify the exceptions to shareholder approval for a merger in a corporation
According to the book "Essay Exam Writing for the California Bar Exam" by Mary Basick and Tina Schindler, 2nd edition, page 38,
Merger occurs when one corporation acquires another ...
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124
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Can toll evasion charges be heard in superior court?
CVC §23302.5 states:
(a) No person shall evade or attempt to evade the payment of tolls or other charges on
any vehicluar crossing or toll highway.
(b) A violation of subdivision (a) is subject to ...
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2
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2
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231
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Is it illegal to report a crime at an opportune moment for profit?
In the movie "Nightcrawler (2014)", MC video-tapes crimes (to submit to news outlets for money). MC sees some murderous criminals commit a crime, identifies them, and let's them leave. Then ...
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Is a movie resonsible for damages caused to unintentional (but undeniable) likenesses?
Say that a huge blockbuster movie mentions a made-up phone number (xxx) xxx-xxxx for the serial killer villain. Except, it turns out that that phone number is real and points to an ordinary Joe. That ...
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Is a doctor's diagnosis in clinical notes, made without a confirmatory test, admissible evidence in an assault case in California?
I am unsure of the exact process for diagnosing a concussion, but I assume it typically involves an examination to confirm the diagnosis. My doctor diagnosed me with a mild concussion based on my ...
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Do California's whistleblower protections apply to non-employees and private businesses?
In California, do the whistleblower's protections apply to non-employees and private businesses?
For example, suppose you live in a small town with a single gas station. And you notice that its ...
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8
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2
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200
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How exactly does an illegal purpose void a contract?
In an answer that I am sure is practically correct in most situations, the following statement was made regarding a possible civil suit regarding unpaid wages for drug dealing after the debtor dies:
...
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Is it legal to hire an actor to imitate another performance (to which you don't have the rights)?
Say that Dave the director really likes Keanu Reeves in John Wick, and wants a character just like that for his original movie. But Dave can't get Keanu, copyrights to the character, or anything ...
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181
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What is the law regarding impersonating a police officer?
There is a video of someone heckling Kamala Harris on the Jimmy Kimmel talk show. The end of the video shows an interaction between a security guard and the heckler, in which during an attempted ...
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Must medical providers initiate a refund when they charge a customer more than the insurance-adjusted amount?
Assume an individual in the United States went to a medical provider and got charged at the end of the visit, by the provider's billing staff. The billing staff knew that this visit was partially ...
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When a hostage is in the balance, how much is one expected to comply before they face legal trouble? [closed]
Terry the Terrorist has Holly as a Hostage at gunpoint. Bob the random Bystander happens to be there, and Terry starts making demands of him (else Terry will kill the hostage). Let's also say that ...
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5
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If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?
Carl wants to commit a crime. He gets input from Scarlet. Little does Carl know that Scarlet is a Scammer, and leads Carl into a scam. Under normal circumstances, Carl might press charges against ...
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How do US self defence law apply to protest camps?
In the US self defence laws appear somewhat on the side of the defender, particularly when ones home is attacked, compared to the UK for example.
These has been an example where third parties, ie. not ...
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3
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7k
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What rights does a dead body have? Can crimes be committed against one?
Say Nate the nutcase happens to find a dead body on the road. Being a nutcase, he takes the dead body, and does a bunch of "weird stuff" stuff to it (e.g. satanic rituals, maybe necrophilia, ...
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Does paying taxes and insurance for a separate property using post-marriage income render the separate property a community property?
For community property states (e.g. California), if I have two properties, one is separate and one is community. Does paying taxes, insurance, or ADU/remodeling costs for my separate property using ...
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Can anti-Israel protesters be charged with obstruct movement to a public place
According to PC647c, "It is a crime to willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place"
It would seem on this viral video ...
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Timely response not filed
In California superior court, probate division.
In the minute order of the case, during a 664.6 motion to enforce a stipulation fully agreed upon, the court gave a timeline of 9 court days prior to ...
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14
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2
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Is it an independent and additional offence to have a fake passenger (e.g., a mannequin) to try to avoid HOV violation detection?
Reading https://ktla.com/news/local-news/carpool-violator-busted-in-southern-california-despite-next-level-dummy/amp/ (mirror) made me wonder: is it illegal to have a fake passenger (e.g., a mannequin)...
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Community property without spouse title
In community property states such as California and Texas, I know all all property acquired after marriage belongs to both spouses equally, however, if a property was acquired after marriage when that ...
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What jail time would be imposed for felony false imprisonment plead down from 4 felony rape? [closed]
In California, what is the amount of jail time given for a felony false imprisonment conviction in a guilty plea from rape charges?
I’m asking in general and I am also interest in knowing how often no ...
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Is it ethical for Victims Advocates to Be Paid By District Attorney Offices [closed]
I recently spent 2.5 years tied up in a case as a sexual assault victim. Since I had been intoxicated at the time I only had the knowledge that this person was over me and with his pants down, I asked ...
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(US) San Francisco: worst that can happen if you enter a shop and start eating?
I'm sick and tired of having to spend 25 hours a day just to get change for sufficient food, and to go without for months consecutive.
Assuming, if provided a DA does not prosecute—What's the absolute ...
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Can legal action be reasonably taken against someone for providing incentive to hurt yourself?
Let's say that Sam the Sociopath invites Peter the Poor man into his luxurious house. They go to a living room with a fireplace. Sam then pulls out 1 million dollars in a fireproof bag that will last ...
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3
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Baseball caught: Ownership? Can one leave?
A spectator found the baseball of Shohei Ohtani's first home run in the bleachers.
According to the linked article, she was surrounded by security and pressured to give up the ball (so that Ohtani can ...
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1
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99
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What laws apply to the possession of pocket knives by minors in California?
What, if any, California laws regarding the possession of pocket knives apply specifically to minors?
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Are entertainment venues in the US required to make sound level logs publicly available?
I read about France:
Another part of the regulations concerns information that must be provided to the public. Night clubs and venues that can host more than 300 people are now required to ...
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Public Access to Records of Criminal Proceedings
Follow-up to this question
Alice is assaulted by Bob. Alice reports the assault to the police,
including the fact that Bob is the assailant. The police investigate
then turn their findings over to ...
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2
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Victim Anonymity in Criminal Proceedings
Alice is assaulted by Bob. Alice reports the assault to the police,
including the fact that Bob is the assailant. The police investigate
then turn their findings over to the local prosecutor's office....
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2
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2
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Can legal action be reasonably taken against someone spoiling your work?
Infamously, when the Fight Club was released, Rosie O'Donnell spoiled a huge plot point on her popular show. The movie hinges tremendously on the spoiler, and Rosie probably damaged the experience for ...
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Which payroll tax and labor laws are relaxed when hiring a family member instead of a regular employee caregiver in California?
There is plenty of information already for an elderly dad hiring a caregiver as a household employee in California such as this check list for California tax and labor laws. And this check list is ...
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Are "Service Vehicle Only" signs enforceable?
Near my residence in California, there is a shortcut road connecting two cul-de-sacs (on property owned by a university) which has a sign labelled "Service Vehicle Only" at the entrance. I ...
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What are some reasonable requests, if someone doesn't want to be in a video of others vlog when walking on street, which shared online in California?
Let's say Bob is walking on the street and he notices that someone is doing vlog walking by, which holding a stick with Insta360 camera (captures everything around the cam).
What are some options for ...
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Do shops have to provide printed receipt for transaction in California? Do we have to go into the mart for receipt at gas station?
Sure, if we can go into the food mart at the gas station for printed receipt. At the same time, I drop off some package at UPS at Walgreens locations, Walgreens employees can't private any print ...
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75
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Legal status of "help provided for harm"
If someone harmed you (eg accidentally killed your son or dog or right arm) and gave you $x because you are having asked for it and you are poor.
In the eyes of law what is the status of that property ...
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3
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243
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Do you need to inform the other party that he is in breach?
When someone breaches agreements or breaches contracts resulting in severe (or not) compensation, are you required to immediately notify him (who represents an organization?) that he is in breach? Or ...
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Is it legal to create my own recording of a call on a KNOWN State-recorded Court line?
Long story short, I received my first speeding ticket despite the fact that I was indeed, NOT speeding.
I chose to submit everything in writing, as that was a choice made by the Court. I had an online ...
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2
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148
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Datesplitting. What are the tested strategies? (cal small claims) [closed]
Say suing for an unjustified restriction/rule would win you $x [1]. (rule lasted for a day)
Or $y [2]. (if rule lasted for 7 days)
Or $z [3]. (if rule lasted for 30 days)
Or $a [4]. (if rule lasted ...
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(California) How to solve the "Professional estimates of damage" problem?
A website that looks authoritative notes:
Think carefully about how much money to ask for. This is called
damages. You have to prove to the judge that you deserve the money you
ask for. You can only ...
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