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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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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38 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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Is a subpoena valid in another state? [closed]

If I'm representing myself in a lawsuit and want to subpoena a company and/or organization for records (in order to confirm the identity and find the defendant I'm serving), would the subpoena be ...
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421 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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136 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
70 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
68 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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29 views

I have 5 cars and two drivers, can I cover one car with high liability and the rest with the minimum? California [migrated]

We are family with lost of cars, 5 and only two drivers. We switch off depending on what we are doing. Commuting, I drive my 2 seater and wife drives her suv. Family outing we take our big sedan, trip ...
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65 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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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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100 views

How, and under what circumstances would the introduction of "sociological" evidence be allowed in a courtroom?

A female founder of a bankrupt healthcare company is being tried for fraud. Her defense team foreshadowed its intention to blame her actions on her former male partner, for things like "domestic ...
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1answer
34 views

Does Early Lease Termination go on Record if all debts are paid?

I am in an unfortunate situation where I may need to terminate a residential lease early. The lease has an Early Termination Clause which is about two months worth of rent + loss of security deposit, ...
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74 views

How can a defendant in a criminal prosecution move a court in a way that no oral statements of the defendant be considered in its adjudication?

1.a Can you "plead the Fifth" (“Silence”) at the end of the sole written brief of a motion and stipulate that no waiver, express or implied, to Silence can be deemed valid or legal unless ...
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119 views

If you represent yourself, do you have a constitutional right to the assistance of counsel in a criminal prosecution?

In other words: Do you have a right to the assistance of counsel if you elect to assume charge of the strategic and tactical control of your own defense in a criminal prosecution and elect to speak ...
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Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?

For example, suppose an attacker is chasing a victim with a knife and the intention to kill. While running away, the victim falls, hitting their head, and dies. Assuming there is clear evidence for ...
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130 views

In CA: If one borrows a phone to send text messages and returns the phone without deleting them, is it legal for the owner to read or share the texts?

In California, A borrowed a cell phone from B, which A used for months. Then, A returned the phone without deleting the text messages and even gave B the password to unlock the phone. Is it legal for ...
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1answer
75 views

Can board members have unequal voting rights at a for-profit corporation in California?

California requires multiple board members when there are multiple shareholders. With equal voting rights, this can allow a minority shareholder, who is a board member, to have a disproportional ...
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128 views

What statute or case law provides a right to access by the defendant if represented by appointed counsel?

UPDATED BASED ON COMMENTS The public must be provided a reasonable access to all records public. Does the sealed documentation need to be unsealed even if only the defendant wants to inspect or obtain ...
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60 views

How can a buyer make sure if a car "CERTIFICATE OF TITLE" is real?

Suppose that a person, A, wants to buy a used car in California. A must get the certificate of title (it seems they call it "pink slip" in CA) from the seller. But how can A make sure if ...
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1k views

What should a person write in "Driver license or ID card no" if s/he doesn't have a driver's licence?

Suppose that a new international student (S) in the US is looking to buy a car ASAP, but it may take few weeks before S can find free time to read and do the DMV test. But S has his or her own country'...
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1answer
167 views

The university issued a pay check less than its offer letter. What is one to do?

Suppose that an international grad student at one of the University of California campuses got an offer letter: Congratulations! On behalf of the Committee on Admissions and Awards and the Graduate ...
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61 views

Do asylum seekers or those with a refugee status in the U.S. enjoy anonymity in any criminal charges?

This question is based on the reports on the attacker in Auckland, New Zealand who is currently prosecuted under an act of terrorism charge. “Neither his name nor the fact that he was a refugee could ...
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94 views

Is there any cognizable ground for criminal prosecution for the surreptitious or unconsensual use of male reproductive cells or “spermjacking”?

Bob, the founder of a Silicon Valley business on a high-growth trajectory, meets Alice, and they enter into a romantic relationship. Sure enough, Alice informs Bob that she wants to be the wifey. Bob, ...
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39 views

Can a judgment from a parent that is deceased be transferred to a family member?

A parent (plaintiff) received a judgement in California (Superior Court) and is now deceased. Is it possible to transfer this judgement to the family of the plaintiff or a member of the plaintiff's ...
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87 views

Under what circumstances can you be convicted of indecent exposure for being naked in a California changing room?

Recent events have seen a person (with a history of sexual offending) charged for indecent exposure in the changing room of a nude spa in Los Angeles. However, I am confused because surely a changing ...
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4k views

How does California (CA) have standing in CA vs Activision Blizzard?

It's been reported that the state of California (CA) has sued Activision Blizzard as a result of its two-year-long investigation. The alleged actions are not alleged to be ongoing. It's been reported ...
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1answer
80 views

Does Alice have an implied covenant of good faith and fair dealing duty towards appointed counsel, Bob?

Alice is charged under a criminal accusation, and counsel is appointed for Alice under the Sixth Amendment. Alice gives written notice to Bob (the appointed counsel) that Alice will always have at ...
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4answers
173 views

Determining if hotel stay is a necessary travel expense

In California, employers are required to reimburse employees for work-related travel expenses. Say that my employer asks me to attend a one-time meeting at 9am in a different city. If the city is only ...
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1answer
67 views

University Searching of Apartmenrs

In the state of California, landlords cannot enter their tenants room except under a small subset of reasons. Would a University (excluding campus police) renting rooms to students be able to search ...
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1answer
100 views

Do hotels in California have an obligation to disclose prior report of bed bug presence?

I wonder whether hotels in California have a legal obligation to disclose prior reports of bed bug presence, if a potential customer enquires about it.
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1answer
94 views

What happens if I never receive my CA jury duty summons in the mail?

This question is strictly hypothetical, but what happens if I never receive a Jury Duty Summons in the state of CA in the mail? Theerefore, I miss whatever trial/week I was assigned to, because I ...
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1k views

Can you sue the courts and involved agencies for custody orders that proved harmful to you as a child?

One of my friend's parents, we'll call him Jamal, were separated early on. While both of his parents fought vigorously for custody of him and his brother Rodney, the court chose to grant his mother ...
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90 views

Can doctors charge copays when their insurance agreement says they cannot?

Our insurance says there is no copay and no deductible for COVID tests, but the doctor charged us a $50 copay and is refusing to refund it until insurance pays them. This sounds sketchy. They also ...
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1k views

What would happen to California’s recall effort if the governor resigned?

In California a recall election of Gavin Newsom is underway. If he resigned during the voting, would the election be called off? Would the Lt. Governor become the Governor? If so, how late into the ...
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83 views

What should I do if I see someone not picking up after their dog in a "pick up after your dog" zone?

I've repeatedly seen owners not pick up feces after their dog on a street, well in proximity of a sign "All pet feces must be removed" and public bags for pet feces as well as a trash can ...
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52 views

What is the procedure of buying a new car in the US( California)?

I am a new student in the US. I want to buy a car in cash and found one in the Facebook market. But I don't know what are the afterwards steps? 1- Should I give all the money in cash to the seller and ...
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2k views

On what type of area, land or territory can you abandon your vehicle in California without providing a right to anyone to get your vehicle towed?

...Other than land, area or territory of your own or under your control or one you have contractual permission for. For 4 weeks? And for 3 months? More?
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71 views

Real estate law omission of important disclosure

Suppose that a person A bought a house in california three years ago. The last owner had lived in that house from the time it was built in 1964 until four years ago. When the owner passed on, the ...
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4k views

What happens if someone dies without a trace?

So normally the police or hospital is called and people get a death certificate. If someone disappears with no report, what happens? Is a death certificate ever issued?
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57 views

What effect does this ruling have on the burden of proof, if any?

“[T]he Act does not require consumers to take any affirmative steps to secure relief for the failure of a manufacturer to service or repair a vehicle to conform to applicable warranties—other than, of ...
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102 views

Would this stand the test of the Constitution? [closed]

The back story: Lady in SF Walgreens in Civic Center with accomplice “robs” store fake-coughing and claiming to have COVID. Security, manager won’t touch them, they flee with $90 of merchandise likely ...
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2answers
96 views

Concept of fraud in investment

Let's say Elon Musk knew from reserve estimates, as well as basic physical reality, there wasn't enough lithium for his plans to work. This eventually resulted in battery shortages and collapsed the ...
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1answer
83 views

How much money do I have to pay if I lose in court as a plaintiff? [closed]

There were a lot of questions about what happens if someone loses in court. A lot of the questions were pretty complex to understand. I want a straightforward answer. I have a pretty big case that I ...
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3answers
132 views

Are there laws stating that contracts should have good morals?

I am reading a contract that is clearly one sided and demands a lot of rights on the recipient's end to be withdrawn for the sake of the lease agreement. The lending party also wants to negate a lot ...
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3answers
152 views

Does LA's fireworks law include a religious exemption?

So, I was doing an Internet search to determine the legality of bonfires in Los Angeles (for a roleplaying game character I'm planning), when I came across this page stating that owning and setting ...
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1answer
45 views

Perfect tender rule vs (disclaimed) implied warranty?

Context: This is a question I have while studying for the BAR exam. In Question 2 of this practice exam (page 26), we have a contract for a good valued at $15,000 with an express warranty on its ...
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1answer
69 views

What constitute as income when calculating child support?

What constitute as income when calculating child support? Does it include unrealized capital gains (stocks)? So does a person who has a lot of stocks but very little income only be required to pay ...
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313 views

Can a woman deny her husband or a stranger paternity test?

Can a woman deny her husband or a stranger paternity test? Can a woman deny her husband a paternity test if he thinks she cheated on her? What about a stranger who claims to be the father when the ...
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1answer
4k views

Are you out of the woods if you pay a lump sum child support?

Are you out of the woods if you pay a lump sum child support? If not, in what case can you still be asked to pay more money to support your child? Let's assume that the country is the United States ...
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1answer
144 views

Take action against a hotel for negligence in accommodating a disabled guest?

My wife has diagnosed C-PTSD which her doctors have classified as a disability. She also lives with another disability related to a spinal injury which makes it difficult for her to walk. We are ...

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