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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Are out-of-state learner's permits valid for driving in California?

Can a teen driver with a learner's permit drive in California if (s)he follows the restrictions of the permit?
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On what websites are copies of California courts of appeal briefs, pleadings, motions etc. available for the public?

As a result of my own research, I was only able to locate federal briefs at casetext.com, and nothing else anywhere else other than the rulings of the appellate courts. EDIT: I was able to locate ...
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27 votes
2 answers
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Strange Clause in Employment Contract Concerning Leaving Job

My teenager has applied for a tutoring job at a local after-school tutoring center and there is the following clause in her employment contract: If you decide to discontinue after your term is over, ...
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3 votes
1 answer
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How much time do I have if I want to sue a county for sending me to prison accidentally California U.S.A

I was sentenced to 16 months county time non violent offender but my paperwork was supposedly lost and ended up with the prison commits and I was sent to prison. Two weeks before my release date my ...
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1 vote
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If I am part of a family trust but was under age can my grandmother or mother settle in court for a lump sum of money and have me taken off the will

My great grandfather left a family trust; my grandmother says she sold my portion in court to the trustee while I was under age. Is that legal? I am from California, U.S.A
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How do I print or present emails to support my defense in an unlawful detainer?

How do I format emails, ledgers, and leases in court, as the defendant in an unlawful detainer? Pretty much there are a lot of emails between me and the old property management, me and the new owners, ...
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0 votes
1 answer
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Who should pay for the removal and reinstallation of the screens for the exclusive use balcony when HOA needs to remodel the balcony?

My HOA is doing this renovation project, which needs to get access and modify the balcony (where I have my screens), and asking me to pay the cost of removing and reinstallation? Do I have the right ...
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3 votes
1 answer
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I am writing a service agreement, how do I cite a legal code in the agreement?

I am writing a service agreement, how do I cite a legal code in the agreement? As a company, I need to state what we will do and what the law requires us to do This is the law: cvc 22658 (m) (1) A ...
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2 votes
1 answer
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Housemate's car backed into garage when remote started - who's at fault?

Bob and Alice live together. Bob is away from home on a trip. Alice is home to greet the contractors for house repairs. When the contractors arrive, they tell Alice they need the driveway for the ...
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1 vote
1 answer
87 views

What rule, law or principle mandates police to separate those making statements in a police report to prevent adjustments of statements?

Say person A makes a police report, and person B is present to overhear the statement of A. The police knows the fact B overhears the statement of A. A makes false statements (negligent, reckless, ...
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2 votes
0 answers
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What California appellate court case is this call-privacy case?

I am looking for a case where a California appellate court made a factual analysis if the state's confidential communications statutes, Pen. Code § 632, et seq., was applicable where the call was too ...
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2 votes
2 answers
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What can a pedestrian do if a car refuses to stop at crosswalk which is marked by painted lines?

Today I was almost hit by a car when I was crossing a road at a crosswalk which is marked by painted lines when a car refused to stop. I know what the driver did was illegal but is there anything that ...
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1 answer
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What happens if you are convicted and put on probation in a state you don't live in?

How is probation handled when the offender commits a crime in one state, but lives in another? For example - a DUI usually does not involve a jail/prison sentence, but probation. While on vacation in ...
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12 votes
4 answers
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California: Is there a grace period when signing an apartment lease?

Let's say you sign a lease and move into the apartment and the 1st or 2nd night you discover there is a dance club next door that runs loud music until 2am. Is there any law that requires the landlord ...
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1 answer
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Does CA AB-1666 actually have any practical effects?

I'm having a hard time imagining any real scenario where AB-1666 actually accomplishes anything. Suppose you are a CA resident, and you buy plane tickets for your friend in TX to come to CA and get an ...
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2 answers
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What's the significance of boxed text in a document?

What is the lawful implication of text enclosed within a (stroked) text box in a document? I have heard this means this text is left out of the contract, or possibly adds an exception to it. I ...
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0 votes
1 answer
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Does California SB611 require Hollywood to hire more diverse talent?

I was reading a news article in which it was mentioned that there is a new bill (SB-611) proposing which will encourage racial and LGBTQ diversity and inclusion in movies. I have read the summary of ...
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1 vote
1 answer
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What is the best practice for persuasive authority in state court brief?

It's very common for briefs submitted in federal court to cite to federal trial court decisions when there is no controlling appellate court precedent. Since federal trial court decisions are indexed ...
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3 votes
2 answers
102 views

Is there a quick and easy legal way for the safety of tenants to be guaranteed in this situation?

This takes place in California. A boarding house is shared between 4 people, which are 3 tenants who have leases, and one homeowner. The homeowner, 75, has been diagnosed with dementia 2 years ago but ...
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0 votes
0 answers
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Are there examples of successful CCPA enforcement on businesses without legal presence in California?

I'm looking for examples of enforcement where: A website was operating outside California, with no California legal entity established and no payments accepted from California users A court in ...
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0 votes
3 answers
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Can California deny concealed carry permit after the recent SCOTUS decision?

After the recent SCOTUS decision regarding concealed carry, can any state, in particular CA, deny a concealed weapon carry permit to its residents, who are not disqualified from gun ownership in any ...
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Can a declaration state a party does *not* have a right?

In certain situations, a party that is uncertain as to its rights and obligations under a contract may obtain declaratory relief. Can one party to a contract obtain a declaration stating that the ...
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1 vote
1 answer
123 views

To what extent is coaching legal in California?

According to the California Code, Business and Professions Code - BPC § 2903: (a) No person may engage in the practice of psychology, or represent himself or herself to be a psychologist, without a ...
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2 answers
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What does "response is due by" really mean on a civil demand?

It seems obvious but... Alice and Bob have an existing business relationship. Alice sends Bob a letter demanding his response via U.S. Postal Service (USPS) Certified Mail, to be received on or ...
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3 votes
2 answers
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Does Two-Party Consent Work Two Ways?

I'm in a sketchy business establishment, having a dispute with the owner/representative. Examples: I'm at the front desk of a cheap motel, complaining about a lack of hot water in my room. The front ...
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2 votes
3 answers
296 views

How can one not know their own legal marital status?

I saw this screenshot floating around for a California jury duty online questionnaire. Notice that "Not known" is a selectable option for one's marital status: (image redacted) I don't know ...
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Can residents of another state(say WA) have a driving license in California?

Asking for my girlfriend. She lives in WA where we do not have a car there but visits me in CA frequently. And we have our car in CA, which she needs to drive. She does not have a WA license and does ...
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2 votes
1 answer
50 views

Does the California Arbitration Act apply to arbitrations between an in-state consumer and an out-of-state business?

Under California Code of Civil Procedure section 1281.97, in any “consumer arbitration” that requires the drafting party to pay fees and costs “before the arbitration can proceed,” if those fees or ...
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2 votes
1 answer
123 views

Must we show our prenup agreement to the immigration office/officer?

If two person want to get marry together, but also like to have a prenup agreement as well, and one of the guys is on a non-immigrant student(F-1) visa, should they also provide their prenup agreement ...
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0 answers
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Client in California demands their contract to be signed

I'm representing a Limited company from the United Kingdom and my team has been working with a client for a few months now under an agreement we provided. Now they incorporated in the state of ...
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2 answers
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Must couples divide only their joint properties after getting divorce or all of it?

Must couples divide only their joint properties after getting divorce? If the man buys a house or a car after marriage in his name, or has bank accounts or investments in his name, must he give 50% of ...
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Should "Prenuptial agreement" be provided while getting marriage licence?

If two person want to get married and both are agree with writing a "Prenuptial agreement", should they provide it while they want to get their marriage license or there is no need to ...
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12 votes
3 answers
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Asking for compensation for a broken job offer in CA

I have a family member who had a steady full-time office job in Los Angeles. He wanted a change of pace, so he reached out and got recruited by a well-known transportation company who offered him a ...
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12 votes
2 answers
4k views

Does a squatter's executor have tenant rights after the squatter's death?

In California, "Bob" was living rent-free for years in exchange for caretaking and minor repairs. There wasn't any written contract. Six weeks ago, Bob's sister "Sue" began to ...
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0 answers
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California ballot initiatives topics

Are there any limitations in the topics a California ballot initiative can address? Intuitively it shouldn't conflict with any federal legislation, but I can't find any resource specifying the areas ...
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Does California recognize a foreigner's divorce in their home country?

Considering two people came into the US with F-1 and F-2 visas, while they both are foreigners and got married in their home country, if they get divorced in their home country using their embassy in ...
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1 vote
1 answer
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Can a f-2 visa holder request for status termination to re-marry a US citizen?

If someone came to the US with F-2 visa while she and her husband (F-1 visa holder) are not US citizens nor permanent residents, and their marriage happened in their home country, can she (F-2 visa ...
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1 answer
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Should foreigners file divorce in the US if they would do it in their home country embassy in the US?

If two foreigners come to the US with F-1 and F-2 visas, while they got married in their home country, if they file a divorce request in their own country embassy and it gets approved and they get ...
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1 answer
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Is it legal to turn across a double solid yellow line?

Is this a legal turn in Oregon? The single lane road is a private driveway and the two lane road is Highway 101. What about California?
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1 vote
2 answers
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Does throwing eggs at a vehicle violate any law(s)?

The People's Convoy egged in Oakland, CA as they protest by Buffy Wicks neighborhood https://youtu.be/P5Wmh2Hu_24?t=238
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-6 votes
2 answers
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Malicious actions by individual moderators

This is a follow up on a previous question. Using Stack Exchange as a example, moderators should be able to destroy the site within minutes by automated means. There is no meaningful terms of service. ...
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-6 votes
2 answers
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Suit for excessive moderarion

Assume I run a site similar to stack exchange, namely no meaningful terms of service. In that case there is no restriction on behavior, any moderator can delete anything, up to and including running a ...
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1 vote
2 answers
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Does a loss of income due to libel constitute damage for which the libelous party is liable?

Suppose someone makes a false accusation against me. As a result of this false accusation, nobody's going to pay me to perform work for them anymore. If I can prove the amount of money I'd be making ...
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-1 votes
1 answer
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Is offering a means to break one's own policy legal?

A friend's kid's High School has a strict policy against using social media during school time. My friend agrees, and made sure the kids' access to social media is blocked on all the devices they own. ...
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0 votes
2 answers
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Is *Tako to Ama* obscene pornography?

Tako to Ama, better known as the dream of the fisherman's wife or pearl diver and two octopi, is an 1814 woodblook print by Housukai. It is widely reprinted from its original source for artistic ...
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7 votes
2 answers
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DUI question with keyless ignition

I am aware you can get a DUI just sitting impaired in a car with keys in ignition. I have a car with a keyless ignition. I was wondering what the standard for DUI is in this type of car. I do not ...
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1 vote
2 answers
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Trying to remember Right of Way rules for this situation

I had a negative experience on the road recently, and I want to know if I was in the wrong. It's a simple situation: I am leaving a parking lot preparing to turn left on to a main road, another car ...
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-5 votes
2 answers
149 views

Are there any laws against shrinking the Moon and claiming it as your personal property? [closed]

Suppose I use a shrink-ray to shrink the Moon. And then I take the Moon to my house and use the Moon as a centerpiece on my table or something. By "stealing the Moon," have I broken any law?
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20 votes
5 answers
4k views

"Pressing charges" - is it needed to bring a charge?

In movies, it is often the case that we see police decline to proceed with a case because the victim "refused to press charges". Recently we saw this with the battery of Chris Rock by Will ...
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1 vote
1 answer
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Life insurance already paid out

I have two step children in California and my wife died. We had a company paid free life insurance that I went ahead and claimed. I was the only beneficiary on the policy. The claim was approved and a ...
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