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Questions tagged [california]

Questions specific to the State of California.

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16 views

Powers of California District Court in Bankruptcy Court Appeal

What powers or authority does a California District Court have in an appeal to a Bankruptcy Court decision concerning a nondischarageable default judgment secured through extrinsic and criminal fraud ...
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0answers
23 views

using another company's bank account

I sold my company assets to another company. I was just made aware during a audit that they used my payroll account for 2 months after purchase. This has put me on the hook for any worker comp claim ...
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1answer
30 views

California Penal Code, Section 800 Statute of Limitations

California Penal Code Section 800 states "Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment ...
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0answers
56 views

Retaliatory Temp. Restraining Order in another State; what are the options?

Jane lives in NY and is being bullied by her daughters father (John), a multi multi millionaire, who lives in CA. They are involved in a custody case and child support case in NY. John is extremely ...
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1answer
102 views

Ordered to hand over all messages with Plaintiffs name, though not being used in defense. Is this really allowed and enforceable in CA?

My friend (Jane, NY resident) is being bullied by a high net worth person (John, father of her child) in family court(NY) but she is doing fine in that case despite having very little money and going ...
3
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1answer
58 views

When can you no longer submit evidence in a civil case?

I was wondering if there was a point in a civil case where parties are no longer allowed to submit evidence, to my understanding all evidence is submitted at a pretrial, and after that it is ...
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1answer
21 views

Can the plaintiff in a civil case change the requested damages after the defendant has already been served the summons?

I have a very oddly specific situational question; In a civil lawsuit where a plaintiff is attempting to gain a sum of money from the defending party, is the plaintiff and their counsel allowed to ...
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1answer
24 views

EB-3 (Green card) case in different county from the company's current address

I work for a Marin County based company as a foreign self-employed freelance contractor (software developer), and my client wants to open an office in Los Angeles and invited me to work there. How ...
32
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3answers
11k views

California: “For quality assurance, this phone call is being recorded”

In California, it is illegal to record phone calls without the consent of all parties involved. However, when you call corporate phone number, you often get a message to the effect of "For quality ...
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1answer
54 views

Compensation for working more than contract states

The employment contract that I signed specified that I work a maximum of 20 hours a week. For the past two years I've been scheduled more that, around 24-40 hours a week. Does this entitle me to ...
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0answers
31 views

Liability from selling car if buyer does not complete title transfer : California

Suppose one sells a car (California registered) to a person (suspected after the fact to be an illegal immigrant) who does not complete title-transfer. Suppose that the seller completes and submits ...
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2answers
130 views

California: Is it okay to use the center left turn lane to merge right?

In California if I'm at a stop in (1) and want to turn left on a busy street, is it okay to use the center left turn lane in (2) to merge right with traffic (as long as I don't use it more than 200 ...
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1answer
53 views

Does reporting reckless drivers do anything?

Unfortunately, in my neighborhood (in California) a lot of drivers roll through stop signs and red lights, while turning right, sometimes almost hitting the pedestrians. Do the pedestrians have any ...
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2answers
166 views

Can a neighbor point cameras at our backyard and the back of our house?

We live in the hills. And the way our neighborhood is designed is as you go up the hill, there will be a house below you, and a house above you (which are side by side to your property). The elevation ...
2
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4answers
168 views

Landlord Gave Me 30 Days Notice to Move Out

My landlord gave me 30 days notice to move out of my room that I am renting as she is selling the house. She told me a couple days in advance (2 days ago) when she gave me the notice. I have a month-...
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1answer
64 views

When listing the price of parts on invoice for car repair, must the price be the one that the garage paid to obtain the parts?

When listing the price of parts (e.g., tires) on a work order or invoice for car repair in the United States, must the price of the parts be the one that the garage paid to obtain the parts? Or is it ...
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1answer
76 views

Rental payments [duplicate]

The property management company is now requiring credit cards or ACH accounts for paying rent. Is this legal to require or are renters still legally able to pay by check?
6
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2answers
89 views

Register an inherited Trophy of War handgun?

My grandfather recently passed away. He was a veteran, and owned a Nazi P38 Luger handgun, registered as a Trophy of War, manufactured in 1941. It appears I may inherit the Luger. We are both from ...
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1answer
48 views

Practicalities of suing California-based business from abroad over minor but strong case

Bob, residing outside of the US, has installed a mobile app run by a California-based business and paid a one-year subscription worth under $200. The app happens to have a showstopper bug: basically, ...
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2answers
67 views

Is it very difficult to collect a debt if the defendant cannot be served? [closed]

Small claims generally do not allow service by publication. If the defendant cannot be found you have to pursue a real lawsuit. This will not be worthwhile unless there is tens of thousands of dollars ...
1
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3answers
131 views

House burned down and insurance company is trying not to honor recently updated policy?

Back in November my home burned down in the Camp Fire in Norther California. A few days before the house burned down I updated my policy to have a lower deductible and more coverage. Now that it is ...
3
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2answers
147 views

Someone forged my signature in the bill of sales

I brought a used car from Mr. A. However it was not his car. He went with Mr. B, the real owner, to an office dealing with auto registration and sign the paper together without me being there. I did ...
2
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1answer
68 views

Parent dead without a will

A person dies without a will in California, US, and one of several children proposes to take control of real estate. Under what conditions is this legal? How can such action be challenged, if it can ...
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1answer
67 views

Is a commercial landlord liable for damage due to roof leaks?

A tenant has a modified gross lease of a small commercial warehouse in San Fernando, CA. During the rainy seasons of 2017-2018 and the very wet 2018-2019, the tenant reported, on multiple occasions, ...
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0answers
34 views

Legality of Sugar Rocket in CA

What is the legality of sugar rocket in CA? I have found a bunch of outdated answers, but nothing from 2019. If there is a restriction, what is the maximum propellant yield an amateur can make without ...
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1answer
51 views

Owner Move In San Francisco

Can the owner of a residence in San Francisco sublease during the 60 months following an owner-movein eviction? The specific example I'm imagining would be if a single person purchased a 2 bedroom ...
1
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1answer
73 views

What's the next step if a debt collector doesn't respond to my debt dispute?

A month ago I received a debt collection letter about an alleged unpaid tax bill. I did not recognize the bill, and had definitely never heard of it before this, so I sent them a letter within a few ...
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2answers
107 views

Contract requiring the signing of a statement that may not be true when signed

I found an employment contract, in which the employee promises, upon termination of employment, to sign a "Termination Certification" and present it to the employer. The text of the certification is ...
1
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0answers
23 views

What is the maximum length of a school bus and trailer combination in California?

I have a 40 ft school bus rv conversion and am wondering what kind of vehicle this is legally when it comes to towing. I found some good material saying semis and trailers can be at max 65' long (http:...
2
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4answers
178 views

Can a gym ban me without actual proof of me taking a picture?

TL;DR I have a gym membership that allows me to use multiple locations. Another location told me I'm allowed to visit only 10x per month. I pulled out my phone to write down the name of the employee. ...
0
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0answers
21 views

If a medical provider refers a patient to another medical provider/business, do they have to disclose any financial interest they may have?

If a medical provider refers a patient to another medical provider or medical business (e.g., an imaging lab), do they have to disclose to the patient any financial interest they may have in the ...
6
votes
1answer
291 views

Solar shade act in CA

If a neighbors tree that is shading a solar power system that was installed many years ago (2009 homes were built in 2004) in CA (tree might have been existing in a shorter form and the trees grow ...
2
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1answer
180 views

Mother wants her baby to carry her surname, while the father of a child is against. What surname will be given to a child?

What is the process of legally giving a child his surname? I am on 4st month of pregnancy and I want my child to have my surname or at least have double surname since I will be the one suffering ...
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1answer
63 views

Can someone in California record a phone call without consent?

Can I prosecute someone in California for secretly recording my conversation with them? I had a private call and the woman is stating publicly she recorded it, though I had no knowledge of that at ...
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2answers
49 views

What is the standard way to address written statements presented as evidence in a civil case?

A friend of mine is suing someone. I (and others) witnessed all of the violations that are claimed, but I'm unable to attend the hearing in person for various reasons (mainly that I've moved out of ...
2
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1answer
96 views

Is it required by law to have a prescription to get an MRI scan in the United States?

Is it required by law to have a prescription to get an MRI scan in the United States? If state specific, I'm interested in California and Massachusetts. I'm reading conflicting, unsupported ...
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0answers
57 views

How the California Consumer Privacy Act (CCPA) impacts a non-Californian business?

January 1, 2020, the California Consumer Privacy Act (CCPA) goes into effect. The CCPA applies to any business anywhere in the U.S. or the world that does business in the state of California. Could ...
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0answers
30 views

Does the minimum salary test apply to small companies?

There are lower wage requirements for smaller companies. Does the minimum salary requirement/test for computer professional exemption in California (which is much higher than the federal requirement) ...
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0answers
38 views

Overtime hours & exemption for salaried 'Computer Professional' in California?

While looking into overtime exemption requirements, I came across an article that seems to indicate software developers required to work over 40 hours/week either need to be paid overtime as an hourly ...
0
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2answers
150 views

Am I owed this profit-sharing benefit after quitting?

This is in California. I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible ...
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2answers
175 views

Can landlord backbill 4.5 years worth of utilities that were never billed to us bimonthly as directed in the lease? (RSO rental)

My landlord has back-billed me for 4.5 years of water utilities and are saying I owe them money. The lease does state that the tenant pays for water (split as a percentage with the adjacent duplex ...
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2answers
423 views

Are text message agreements legally binding in CA small claims court?

My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks. We've contacted the ...
4
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2answers
77 views

Does SB-876 apply to me

I am homeless and I live in Berkeley CA, on the median of I-80 off a bike trail. A friend of mine was just told by a BPD officer that act SB-876 right to rest does not apply to us because we are on ...
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1answer
151 views

Car was registered and insured but proof wasn't in the car

This occurred in California. Can the police give you a ticket for $1,200 for a first time violation with no registration or insurance paperwork in the vehicle? The vehicle was registered and had ...
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2answers
81 views

Difference in severance package between 2 employees within a one month span

In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any ...
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2answers
83 views

Power of termination: how is it different from executory interest?

In CA, all defeasible fees are known as fees simple subject to a condition subsequent, and all executory interests reserved by the grantor after granting such fees are known as powers of termination. ...
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2answers
59 views

Buying a house in a partnership [closed]

I am buying a house with a colleague in California. I am paying 80% and he is paying 20%. He is going to live in the house, and pay rent for my 80% stakes in the house. Is it at all legal? Can I ...
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1answer
44 views

Can one appeal a small claims judgement in California

Under what circumstances can a small claims case be appealed in CA? Is it only for errors of law?
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1answer
123 views

How do I press charges against my former broker for forgery?

I am a Realtor. When I was first licensed I began working for a broker in Los Angeles, CA. After almost 2 years we had a dispute and he refused to pay me. It was at this time it was discovered that I ...
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2answers
251 views

Can I take an employer to court for false promise? He promise me a temporal job for 2 months and din't fulfill that promises? [closed]

Can I sue a person for don't fulfill his promise? Sorry for the long story. We are "friends" from long time ago maybe from 2010. He started his own small business 4 or 5 years ago and sometimes asked ...