Questions tagged [california]

Questions specific to the State of California.

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2
votes
1answer
57 views

Employer very sporadic with paydays, not sure what to do

My girlfriend works for a large chain restaurant, of which I believe she works for a franchise location. I found it very weird that they down right refused her request to set up direct deposit, but ...
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2answers
46 views

Is it legal for a non-lawyer to help another party with their California arbitration case?

With the cost of lawyers being exorbitant in most cases, what alternatives are there for people who are willing to pay a reasonable amount for help navigating the process of arbitration? Presumably I ...
0
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1answer
16 views

Under which conditions after winning a trial in California you can claim for compensation to cover attorney expenses?

I have been menaced to be brought to court in a case where the other part has largely more resources than I do. I am not worried about the veracity of the claims, but I am worried about being dragged ...
6
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1answer
2k views

Waiving my right to not be evicted in a San Francisco lease

I am seeking for a new place in San Francisco. After chatting with a home owner who liked me as a potential tenant, we disagreed on the price, and his reasoning is that since this is a unit under the ...
1
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1answer
59 views

Are video consent forms needed for minors to participate in live video conferencing?

Since many classes are going online, do children under 18 require their parent/guardian to sign a consent form so they can participate? Would it be different from a video release consent form since ...
0
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1answer
62 views

Does the current ban on evictions apply to expiring leases?

My friend is currently in a pickle. Their lease expires in a couple of weeks and they were originally planning to move to a different property. However given the lockdown in California, moving is no ...
0
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1answer
59 views

Prosecuting prison escapees

Would the actual escape from a state prison ever incur federal investigation, federal charges, and/or federal prosecution? If not, who investigates, charges, and prosecutes escapees for escaping from ...
-4
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4answers
212 views

Illegal to threaten suicide in California?

I live in California and today I was at a store where they overcharged me for a product (the product was literally marked a different price than what they keyed in). I didn't catch it until it had ...
4
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2answers
997 views

Fifth Amendment and Mandatory Shelter in Place

Several counties in California have issued a shelter in place order due to the ongoing COVID-19 pandemic. For example, see a Santa Clara’s order here. The order states that individuals have to ...
9
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3answers
2k views

What laws apply to Visa holders in the US?

I'm a French citizen currently staying in Los Angeles for studies under an F1 Visa. I was told that in the US, only federal law applies to foreigners which is why despite Pot being legalized in ...
1
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1answer
76 views

Apartment lease clause where landlord can unilaterally amend lease (with 30 days' notice) without tenant's approval

While reviewing a lease (in Sunnyvale, California) for an apartment-hunting friend, I saw this clause: New policies and rules or amendments to this document may be adopted by Owner/Agent upon ...
0
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0answers
39 views

Does California allow prescription window tints?

Prescription window tints = window tints that are darker than typically allowed due to a medical reason. I read in the California Assembly Bill no. 1303 (September 2017) – amended medical exemptions: ...
2
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1answer
86 views

Is a letter from a non-US licensed physician legally valid to use prescription tint windows in California?

I read in the California Assembly Bill no. 1303 (September 2017) – amended medical exemptions: (10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows ...
1
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1answer
41 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 ...
1
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1answer
49 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?
0
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0answers
55 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 ...
1
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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 ...
0
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1answer
64 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 ...
3
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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 ...
0
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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 ...
0
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0answers
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, ...
1
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0answers
41 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 ...
1
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1answer
69 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 ...
3
votes
4answers
213 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 ...
0
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1answer
55 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 ...
1
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1answer
57 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 ...
0
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1answer
29 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. ...
0
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0answers
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 ...
1
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0answers
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 ...
1
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1answer
56 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 ...
0
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2answers
23 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 ...
0
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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 ...
1
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1answer
74 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 ...
0
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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?
0
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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-...
0
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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?
1
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0answers
19 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 ...
1
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1answer
45 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 ...
4
votes
1answer
808 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 ...
1
vote
1answer
80 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 ...
-3
votes
3answers
171 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, "...
0
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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 (...
0
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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 ...
0
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1answer
168 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 ...
0
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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 ...
1
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1answer
77 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 ...
0
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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 ...
1
vote
1answer
51 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 ...
0
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2answers
81 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 ...
0
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0answers
60 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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