Questions tagged [california]
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of California.
828
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Religion is a "protected class" in California. Does that extend to things like homophobia/transphobia due to religion?
In California, I'm pretty sure employers aren't allowed to discriminate based on religion (e.g. you can't not hire someone just because they're Jewish). In other words, religion is a "protected ...
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2
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If a witness asks for their lawyer during a trial, how is it handled?
A criminal trial is going on. Andy the Attorney asks Walter the Witness some questions. After a while, Walter realizes he's been an idiot, and says he wants his Lawyer Larry.
How does the court ...
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1
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50
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Can peer/societal-pressure count as witness intimidation?
Inspired by Yakuza: Lost Judgement.
Briana the boss committed a crime, and only Walter the worker directly witnessed it. Briana is well-loved in society (e.g. very sociable and nice to everyone, with ...
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91
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Is one allowed to get someone's genetic information and use it without explicit permission?
Inspired by the movie Gattaca, and how sites like Ancestory.com actively help find criminals who haven't submitted their DNA simply by using relatives who have willingly submitted their DNA.
Say that ...
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In California, do people still get benefits if they got terminated earlier than the date that they gave?
For example, Sam gives notice to his boss, saying that he is moving out California soon, so Sam decided not to come to work after 2 weeks. After that notice, his boss started finding people fit Sam's ...
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61
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Can a landlord require a functioning phone (with an installed app) to operate locks [duplicate]
I live in a 70 unit, 3 story apartment building in California. Access to the building entrance doors and individual apartments is with Schlage Smart locks.
Access has historically been granted with ...
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3
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2
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121
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What is the relevant age for a crime? When it is committed, when one is charged of it, or when one is sentenced for it?
Bob committed a crime when he was young. After successfully getting away, many years later, it comes out (with good evidence) that he committed the crime, and so he is charged for it. Lastly, after ...
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27
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If a law is new but its interpretation is vague, can the courts directly ask the drafters the intent and official interpretation of their law?
The problem with old laws seems to be that many times the drafters aren't alive to tell what their intent or interpretation is of a given law, but in case a law is new and the drafter or drafters are ...
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1
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67
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California Prop65 Warning on food labels; how to protect against litigation from products sold without the Prop65 warnings
I would like to understand if a statement, “not for sale in California” on a product label, which is not labeled with a Prop65 warning to meet California’s Prop65 requirements, and is not intended or ...
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3
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95
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If one was groomed as a child, can they be found innocent as an adult?
Dave the Dad is the father of Bob the boy. Dave groomed Bob to murder minorities from a young age.
If Bob went on to murder some minority at age 12, Bob wouldn't just be given consequences like some ...
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39
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What are some law related to recording video during one at work? (let's assume the manger agrees)
Let's say someone is doing vlog for tiktok and youtube. we can see some people taking video during the job. People who work as cashier at a gas station take videos, people work in big company take ...
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36
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Does one's "lawyer license" need to be regularly renewed?
Say that Bob passes the bar exam. Then he goes to a mountain and becomes a hermit for X years. When he comes back, is he still allowed to be a lawyer? Or does his "law license" require ...
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45
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"We only collect anonymized data". Roughly what are the limits of this?
Say a program that Bob is using asks to collect "anonymized data". Bob agrees. But roughly at what point is "anonymized" a false statement?
If I have Bob's shopping habits, gendre, ...
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6
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2
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581
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What are the consequences (if any) of admitting to a crime one did not commit?
Say that Vicky the Victim is murdered by Mark the murderer. However, Mark's best friend Fred doesn't want Mark to go to jail. So Fred admits to the murder, trying to take the fall in Mark's stead.
In ...
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4
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How is a wealthy criminal expected to get a good lawyer?
Say Carl the criminal is a bad guy who's rich. One day, he gets caught. They confiscate his phone and lock him up and deny bail. How is Carl supposed to find a good lawyer? He's locked up and doesn't ...
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Can "agreeing not to know anything" be enough to constitute "knowledge" of a waiver?
For example, if I waive my rights to know what you'll be doing with my internet search history, is that a knowing and intelligent waiver?
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If the employer tells me via text message that I will be paid 2 weeks of severance, how much obligation is he under to fulfill that statement?
If an employer promised me in informal writing (text message) that I was owed 2 weeks of severance pay and then fails to pay me or present me with any formal contract, is he under any form of legal ...
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3
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142
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What does leaving a company imply in legal speak? Does it mean termination or quitting a company?
I specifically refer to this example:
You will receive a $***** relocation bonus. In the event that you
leave within 12 months of your hire date, you will be
responsible for reimbursing the company ...
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What type of legal action could be used to assert one's rights to funds held by a brokerage firm?
A previous question was insufficiently focused, and this is the third part (see also part 1, on establishing an appropriate jurisdiction, and part 2, on establishing the type of claim and appropriate ...
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130
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In order to get a refund, I lied about not getting pickles on my burger. Did I commit a crime?
I patronized the Krusty Krab once and ordered something very complex. My burger was supposed to contain pickles, which it did. However, I said there were no pickles and asked for (and received) a ...
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2
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126
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Is it illegal to temporarily park in front of my garage to wash my car if the townhouse association allows it and there are no posted signs?
I live in a townhouse community and received a packet with the association rules when I moved here. It states that you may temporarily park in front of your garage for purposes such as loading, ...
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6
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If I am out of the country for a long time, am I liable for missed Jury Duty?
Say that I spend a few years traveling the world, visiting Europe, Asia, Africa, etc.. Then I come back to my home in the California to find missed several Jury Duty summons in the mail.
Am I liable ...
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2
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0
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39
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What is the procedure for selling California registered vehicle to out of state buyer?
My friend is planning to sell a vehicle to an out of state buyer. We were having a debate about the process and neither of us are absolutely certain about the process. The vehicle in question is ...
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49
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Should refund for recalled item include sales tax paid?
I bought a gizmo for $46.99 plus $5.05 in sales tax. A few months later, the manufacturer issued a product safety recall for the gizmo. Rather than repair or replace the defective units, they would ...
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4
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1
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107
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When aquitted in a "The People vs XYZ" trial, is XYZ entitled to any compensation for all they went through as an innocent party?
Say that Bob is put on trial for murder in some County. So the trial will be "The People vs Bob", and headed by the local government*. Bob spends weeks held in jail and spends tens of ...
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How can someone who gets controlling interest of a C corporation become both CEO and board chair?
If a person who is already a qualified high level executive (but not C-level) at a corporation inherits controlling interest, how can that person become CEO and board chair?
Would it have to be a ...
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219
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How to answer this California bar-exam question? [closed]
The July 2022 Bar Exam of California includes the following as the fact pattern of Question 1
"Bath Stuff (Bath), a retailer located in Betaville, sent Neat Scents (Scents), an importer located ...
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What prevents a business from disqualifying arbitrators in perpetuity?
In California, any party may disqualify a arbitrator within 15 days of receipt of their disclosure form. CCP 1281.91. The right to disqualify is absolute, may be exercised without cause, and an ...
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2
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152
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What building code regulations may in-office beds violate in San Francisco?
I read on https://fortune.com/2022/12/07/elon-musk-twitter-beds-facing-san-francisco-building-code-inspection/:
San Francisco does not appear convinced that adding in-office beds isn’t a violation of ...
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San Francisco Local Income Tax
Reading https://www.tax-rates.org/california/san-francisco-income-tax it seems to suggest that my employer is liable to pay a 1.50% tax on my income due to me living in San Francisco despite the ...
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4k
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Can Disney+ require me to disclose my age and gender in order to continue streaming?
I just received this email a few moments ago:
Disney+
Provide your birthdate and gender to keep streaming
Disney+ now requires additional information from the primary account holder, including your ...
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2
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3
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92
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Any precedent for a foreign (non-U.S.) attorney, pro hac vice, was granted permission to represent civil litigants in any U.S. federal or state court?
Question set forth above with particular interest in California.
I looked for precedent of this, but this is probably rarely a matter of appeals, and are probably decided in pre-trials.
I am aware of ...
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Does pulling over a vehicle by police without reasonable suspicion constitute false imprisonment in California?
When a police officer pulls over a vehicle without reasonable suspicion required for this stop to be lawful is that considered false imprisonment? Or would that require the driver also to be arrested ...
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2
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1
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105
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Fraudulent bankruptcy by bad management?
Bob buys a successful company for a large amount of money, on loan from a Bank. Within a year, the company is bankrupt. Assume for the sake of the question that this is due to intentional or reckless ...
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3
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1
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Can a joint tenancy's right of survivorship be invalidated by providing evidence that one of the four unities has not been met?
In a scenario where two non-married, but related people, establish a joint tenancy with regard to ownership of real property without legal representation, can heirs challenge the validity of said ...
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Is there any law protecting me from the people that distrubute a video of me falling the stairs and shared without my permision?
From California, US.
I fell from the stairs at work last week, even if the fall looked terrible on video I managed to not brake anything but just damaged ligaments and some body, visit ER, claim WC ...
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0
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Do the Federal or California WARN acts apply to the situation at Twitter?
There have been mentions in the news regarding both Federal and state laws requiring a 60 day notice for “mass terminations” might apply to actions at Twitter.
It has been widely reported that 50% of ...
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Could Elon Musk dissolve Twitter now that he owns it?
I know that generally if you own a company you can just dissolve it, however can Twitter have certain rules set up in their selling contract or perhaps because it's such a large company, can they ...
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Would insufficiency of process be applicable if a plaintiff fails to serve all named defendants in a unlimited civil complaint?
And, as also a related question of clarification, Would defendant A be able to file a motion to quash Service of Summons if an improper service of summons applied to defendant B and not to themselves ...
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158
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What is a police car?
Is a police department allowed to duct tape lights and a siren to a private vehicle and start using it as a police cruiser? If the only law in question is whether one is "impersonating an officer,...
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What do i do how do I get my truck back or paid for everything that I've lost [closed]
Someone(ex roommate who i had sexual relations with) forged my signature on a bill of sale and stole my truck i Called to report it and the police won't do nothing since the truck is no longer in my ...
2
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Are unpaid utilities of the previous tenant required to be paid before service can be started?
Company in question: LADWP
Area: Los Angeles/CA
Our last roommate refused to pay his share of the electricity bill during a lengthy eviction process by our landlord. The account is only in his name, ...
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17
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6
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4k
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Can a crime victim sue the prosecutor that prosecuted the crime? [closed]
This is an unusual situation, probably not what you are expecting.
A few years ago, my addicted son would demand money from his mother (my wife) while I was at work. She would say no, but he wouldn't ...
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Is it my house or fence line that's considered adjacent residence for a minimum distance to a rooster pen?
Is there anything I can do about my neighbor that has a rooster that is annoying and wakes me up before dawn everyday?
My neighbor has a rooster in a chicken pen that's located about 15 feet from the ...
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2
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229
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Options for challenging a pattern of aggressive city parking enforcement
The situation, slightly simplified
A grumpy old man lives on a street in front of a school. He does not like school traffic in the mornings and afternoons.
This man sits on the city council.
He ...
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With copyrighted material, as long as Bob blog a snippet of it and provide their offical website link and comply with the (DMCA) law, safe enough?
Bob would like to start a blog where Bos shares some how-to tutorials. Bob would like to show some credibility and educational suggestion, so Bob would quote some instructions from the manual and ...
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Does San Francisco and California law have jurisdiction in the Presidio of San Francisco?
The Presidio is rumoured to be federal land, and I'm wondering how that affects what law is applicable there. Does California law have any effect there?
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63
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how to fair use another company's logo in personal blogs for review or tutorial purpose?
Here is my initial question about adding creator information on some "artwork" that also contains other companies' logos.
How to properly add creator information when the art work is done ...
- 447
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0
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34
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Apartment maintenance time limit in California
I just moved into a 2bedroom 2bath apartment in San Francisco California. Upon moving in I found out the shower in one of the bathrooms never gets hot water. I immediately connacted the landlord who ...
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4
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1
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122
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Is creating and hosting a phishing site illegal?
Would creating and hosting a phishing site imitating a site like Facebook or LinkedIn to show one person how realistic phishing scams can be (with that person's permission) be illegal in the US, ...
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