Questions tagged [california]

Questions specific to the State of California.

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1answer
52 views

My landlord refuses to honor signed lease due to typo!

So we have tried to sign the lease 5 times since may. Each time the landlord wouldn't sign stating that he needed to amend it. We sign in October. A week later I noticed that we get a discount of $...
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1answer
135 views

Could someone be found guilty of hit-and-run in Calfornia if they didn't know they hit something?

Suppose someone were accused of hitting another vehicle with their vehicle. Suppose that the vehicle were sufficiently loud, bouncy, and difficult to maneuver (for instance, a 1970 Ford F250) that the ...
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4answers
208 views

Roommate Got Their Name off the Lease by Misleading

This is a major edit of a question which had number of ambiguities. Hopefully, the edits will clear the ambiguities. So, A, B, and C were co-tenants on a lease in an apartment in California and A, B, ...
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0answers
59 views

The loan company refuses to credit my account, even after the bank has proved that they received the money

I live in the state of California. Recently, I paid off a loan. My son assisted me by making two of the payments for me. We made the payments directly to the loan company by bank debit cards. The loan ...
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1answer
67 views

If an unofficial ballot “harvesting” bin is left in a public area, could it and its contents be considered abandoned property?

There are reports of unofficial ballot drop boxes appearing in California. I'm wondering if legally ballots deposited in such bins could be considered abandoned by their owners. I understand that an ...
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1answer
57 views

If a New Mexico anonymous LLC must register in California as a foreign LLC (for doing business in CA), does the LLC lose its anonymity?

If a New Mexico anonymous LLC is required to register in California as a foreign LLC because it does business in the state of California, does that company as a whole lose some or all of its anonymity?...
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1answer
71 views

Who is responsible for an AC unit provided “as is”: tenant or landlord?

I'm renting a place in california, and damaged the AC unit. The landlord provided it "as is": the previous tenants installed it and he wouldn't repair it if it stopped working, it was just a ...
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1answer
51 views

Unauthorized online banking personal identity compromised

My father in law recently died. I have just found out that his girlfriend has been accessing a trustee account utilizing an old user ID and password. No funds were withdrawn, but the bank's cyber-...
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0answers
87 views

Has a pedestrian ever been fined for not wearing a mask in California?

California has a statewide mask order. However, I see people violating it all the time: pedestrians getting closer than 6 feet to each other while not wearing masks. (Occasionally, I also see people ...
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2answers
64 views

Can public schools solicit donations directly from students?

I have a daughter in a public school in California in 1st grade. Her school is getting ready for a walkathon where each student is expected to bring in donations. This strikes me as inappropriate: the ...
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1answer
227 views

Can I right-turn on red if all cars must turn right but bicycles can go straight?

In this intersection, if the sign is red, can cars turn right if safe to do so? Location: 150 E San Carlos St. , San Jose, California, USA. https://maps.app.goo.gl/KEw3BWtFLXMZGGiG8 Notes: There's ...
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1answer
69 views

How to avoid inflated/bogus settlement demands in auto accident in California [closed]

Involved in an accident in California, and the other party has hired an atty to request policy limits. Other party was not seriously injured (paramedics left after thoroughly inspecting the other ...
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1answer
116 views

Can a California ballot initiative prevent its own repeal except by an unrealistically large legislative majority?

Background: an upcoming ballot initiative in California, Proposition 22, contains as part of its text the condition that the law it brings into effect can only be amended by a 7/8 legislative majority....
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1answer
54 views

Do the words “100% Money Back Guarantee” or “100% Satisfaction Guarantee” have any legal significance?

For example, say Acme Corp, a California Corporation, sells a free digital audio book on their website for $30 to Bob, who lives in New York. On Acme's web site, next to the payment button, they have ...
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0answers
21 views

Does procuring cause in real estate apply when you have to change an agent

I found a property for sale online and I toured it with an agent a week ago. There was no signed agreement between the agent and me. However, the agent is not willing to write an offer for me as they ...
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0answers
91 views

If a (US-based) website repeatedly allows users to post my copyrighted material what legal actions can I take?

I'm a university lecturer in Australia teaching mathematics. I produce question sheets for my students. It takes significant effort to produce high-quality questions. These question sheets are ...
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3answers
7k views

Do I (witness) have to respond to email from defendant's lawyer?

I witnessed (heard) an alleged crime a long while back and was recorded as a witness by the police. Recently, I received an email from the defendant's lawyer requesting contact information and asking ...
29
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1answer
8k views

Is it illegal to restore a car in my own driveway in Orange County, CA?

Long story short, I live in Anaheim, CA. I can't find any mention of laws regarding this, so here goes. My father has had a classic Camaro in our driveway since the 90s. It has been parked and ...
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1answer
64 views

Is not having a valid car insurance a misdemeanor in Orange County, California?

My doubt arises after having received correspondence back from the Superior Court of California County of Orange. I pleaded guilty on a traffic ticket I had pending since three years ago only after ...
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0answers
23 views

Out of country court case related to employee / employer financial claim

I am a contractor in Ontario, Canada. However, I am not a citizen of Canada or the US. I am contemplating a court case against my contract-employer in the US, regarding non-payment of my salary ...
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1answer
114 views

What exactly did Harvey Weinstein do to be convicted of rape in the third degree? [closed]

If a man puts gun to a woman's head to force her to engage in sex, that's rape in first degree. So what is rape in the third degree? https://en.wikipedia.org/wiki/Harvey_Weinstein_sexual_abuse_cases#...
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0answers
61 views

Are there any rules in California that govern what space can be counted as “living area” by agents when advertising property?

It seems that County Assessors under livable square footage use only legally permitted area. And Assessors use it to determine property taxes. However, are there any laws in California that would ...
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1answer
54 views

Meaning of word “remodeled” in California seller disclosure?

On California C.A.R. TDS forms sellers have to disclose any unpermitted work properly so that buyers would not later sue seller for misrepresenting property. On disclosures I have seen words "[re]...
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1answer
82 views

California Fires Evacuation Eviction

I'm renting a house in Santa Cruz mountains where the CZU fire is. Our 9 day evacuation was lifted on Saturday and our lease was up yesterday (Monday). We were in the process of moving when the evac ...
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1answer
111 views

Is home buyer allowed to back out from purchase in case seller sent materially different disclosure form after buyer removed contingencies?

Before visiting a property seller sent C.A.R. TDS form via email that stated that "guest house was remodeled without permits". Since guest house was advertised as part of property and ...
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0answers
39 views

Stove was replaced but old stove was not removed from premises

The stove had issues recently and it was replaced by the landlord. The worker who moved the stoves placed the old stove on the side of the house. I assumed the landlord would have it removed but that ...
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0answers
46 views

If I pay a disputed amount to my landlord, can I later sue in Small Claims Court?

California Small Claims/Landlord question: My landlord has withheld my security deposit upon move out, and claims I owe additional charges for cleaning the apartment. I've disputed these and plan to ...
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1answer
63 views

Am I interpreting “Removal of Contingencies With Offer” clause properly?

C.A.R. purchase agreement has following paragraph that has a checkbox next to it: C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal ...
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2answers
72 views

Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?

Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
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1answer
85 views

Has anyone ever been fined for not wearing a mask in California?

California has a statewide mask order. I wonder if anyone has ever been fined for violating it?
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3answers
6k views

What's the impact of this late fee typo?

My landlord has a late fee clause in our lease, which says that if the lessee is late with the rent, the lessor must pay a (poorly defined) late fee. What would be the effect of this clause? The ...
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1answer
70 views

When the Director differs from the script

Let's assume Alice wrote a bestseller. Then she made a script from it. This script is then given to the movie studio in Hollywood, who contracts Director Bob to make the actual film. The studio doesn'...
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1answer
113 views

Vehicle Registration and Tickets

I reside in California, USA. I drive a small pick-up truck that is insured and owned by someone else. If it's not registered (doesn't get tags), but remains insured who is responsible to for any ...
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1answer
62 views

Does a notice posted to the outside of an apartment door count as appropriate notice in all cases?

Consider the situation in which a landlord seeks to give a tenant notice (e.g. past rent, apartment inspection or servicing). Does taping / affixing the notice to the outside of the tenant's apartment ...
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1answer
38 views

FL-150 INCOME AND EXPENSE DECLARATION - Have No Information

My question involves a marriage in the state of: California. I have a spousal support hearing very soon and I need to fill out the FL-150 Income and Expense declaration form. Found here: https://www....
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1answer
86 views

If a contract always uses the wrong name, is it still valid?

I was given a contract (NDA) that looks like it was from a template that was not retyped. My name is not stated anywhere on the contract, but rather someone else's name is on the contract. I do not ...
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1answer
33 views

Does the hit and run statutes also apply for accidents in private property in California?

I know that a hit and run is a misdemeanor in California when there are only property damages, but does this also applies to a collision in a private property? How is a typical bump in a parking lot ...
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2answers
127 views

The “self defense” defense but for pets

If you were to be walking with your family down the street, and a kerfuffle with a stranger were to break out, risking the safety of yourself or your family, in both federal and state courts for just ...
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2answers
240 views

Can Walmart ban shoppers who wear Nazi face masks from entering in California?

Description of incident The last paragraph is the one I'm interested in: Walmart says the trespass notices issued to the couple prevent them from visiting any Walmart facility for at least one year. ...
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4answers
4k views

Do police have a civil duty to do their job?

If someone steals my car and the police refuse to respond, and in fact prevent me from taking action to recover the car. Can police be sued for not doing their job? I.e., if I spend millions of ...
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1answer
71 views

Clear FTA (Failure to Appear in Court) from my record

Went to the DMV to renew my driving license and I found it was canceled due to a Failure to Appear in court and Failure to Pay a fine that was imposed to me for scratching a car while parking three ...
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0answers
40 views

Legal definition of exempt employee's “own time” regarding creation of copyrightable content

I live in California, where CA Labor Code § 2870 states (emphasis added): (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or ...
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1answer
84 views

Is it legal for a business to store and use my payment information in a way that I can't edit, remove, or otherwise control?

I recently moved from a townhouse where I used Waste Management for my trash and recycling pick up. The apartment I moved into takes care of trash so last month I canceled the service, got a phone ...
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6answers
12k views

Suppose someone kills more people than they intended. Did they murder the extra people?

If a person sets a bomb in a music festival. Based on previous attendance numbers, they expected 60,000 people to show up. 120,000 people showed up and were killed by their bomb. Legally, did they ...
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1answer
94 views

No roommate agreement. One roommates wants to move out early of 1 year lease. Who pays rent?

Let's assume that two co-tenants jointly signed a 1 year lease with landlord. One co-tenant now wants to move out early after living there just 1 month. There is no roommate agreement. What are the ...
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0answers
16 views

Online sale of disposable vape devices

My friend and I want to start an online subscription service for people who vape, but are unsure of the legal hurdles involved in selling Nicotine online. We are located in the US and would like to ...
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1answer
44 views

Under California Health and Safety Code 11361, what constitutes “inducing a minor to use marijuana”?

In California it seems like marijuana is legal for adult recreational use, but that does not extend to minors. Under California Health and Safety Code 11361 there's a section about "Inducing a ...
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2answers
47 views

Do we have access PG&E case files?

Is there any way to have access to PG&E cases in the recent bankruptcy court? Are they public?
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1answer
43 views

Has anyone dealt with issues with non-compliance of CRC 8.124(c) in California appellate cases?

The appeal proceeds with 8.124 appendix. The opposing party / counsel (appellee) has been withholding trial exhibits (which were returned after the trial). A 8.124(c)(2) notice was filed in the ...
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2answers
88 views

Ethics related to representation of a person with impaired judgement

We have a family member who has hired an attorney in the state of California. The family member is the beneficiary of a special needs trust (an SNT). The family member wishes to break the trust, and ...

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