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Questions tagged [california]

Questions specific to the State of California.

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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
26 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
34 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 ...
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2answers
102 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
133 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
97 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 ...
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2answers
64 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
131 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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1answer
64 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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1answer
38 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
55 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
33 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
120 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
223 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 ...
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1answer
41 views

California Recording Law - Do recordings need to be used as stated?

In California, two-party consent recording law requires that consent be obtained by all parties before recording phone calls. I've pasted relevant parts of this law below. Further, subsection (d) of ...
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1answer
199 views

If Barefoot v. Jennings is upheld by CA Supreme Court, what recourse would disinherited child have against undue influence by unscrupulous caretaker?

Background My friend (plaintiff) has an open case against her mother's unscrupulous caretaker (defendant). Plaintiff is claiming that the defendant used 'undue influence' against plaintiff's mother, ...
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2answers
156 views

Can I object to a flight attendant praising TV characters for 5 minutes?

During a domestic flight, one of the flight attendants started making rather annoying praises of them being a fan of Disney and Mickey Mouse, Mickey Mouse' birthday, and asking whether anyone was ...
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0answers
40 views

What happens if the officers of a company refuse to show up at board meetings?

Acme, Inc. is a California corporation. They have quarterly board meetings. To have a quorum, they need one of the officers to show up: the CEO, the CFO, etc. None of the officers are willing to ...
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2answers
117 views

Why California codified “A trustee may not require a beneficiary to relieve the trustee of liability…”?

Full text of California Code Section reads: ARTICLE 1. Trustee’s Duties in General [16000 - 16015] ( Article 1 enacted by Stats. 1990, Ch. 79. ) 16004.5. [click for link] (a) A trustee ...
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2answers
55 views

60 days Notice allowed for Month-to-Month rental in California?

Can a California landlord require 60 days notice on a month-to-month rental agreement?
2
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1answer
75 views

NDA and Applying for Unemployment

Is information required for an Unemployment application exempt from NDAs? I signed one when I was hired, agreeing not to discuss my employer (a celebrity, hence the NDA), employment, separation, etc. ...
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1answer
114 views

Do California process servers typically try phone calls before resorting to ambush?

I've reason to believe that someone might be planning to sue me (it's unclear). Last Sunday night I got a knock on my apartment door at around 9:30pm from a stranger who tried to talk me into opening ...
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1answer
25 views

LLC liability for prior (sole proprietorship) product

Say that I start selling a digital product while operating as a sole proprietorship. I later go through the process to form an LLC, and then continue to sell the product under the name of my LLC. ...
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0answers
63 views

In California, who has right of way when two cars try to get to the same lane at same time?

In a highway with 3 lanes, if a car driving in the left lane and another car driving in the right lane decide at same time to change lane to the middle lane, who has the right of way? In Texas, ...
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2answers
72 views

Tenant joint letter to evict an other tenant?

I am in the Los Angeles area, and there are 4 tenants in my house. The last tenant who just moved in yesterday smokes, I told him that he needs to do it at the far end of the yard, and clean up ...
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3answers
52 views

Can someone collect damages without providing receipts?

This question could apply to any part of the United States, but particularly to California, which is unusually consumer friendly. Suppose I am involved in minor car accident (basically a fender ...
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1answer
56 views

Mobile home park in California charging extra fees for television service

I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly. ...
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1answer
49 views

Dual Consent Laws of California Relating To Residents Of Other State's

CA Penal Code 632 sets forth that all parties must be notified that a conversation is to be recorded. I have a person whom I'd like to assist in a proceeding, possibly, given the situation is ...
7
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1answer
207 views

Do trans women count as women for the purposes of this new California law?

This article on CNN states the following: That's according to a new law, enacted Sunday, which requires publicly traded firms in the state to place at least one woman on their board of directors by ...
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1answer
165 views

What is the name of the transverse white line that separates different time-limited parking zones?

I parked on a street that has 2 parking zones: all-day (with bi-weekly street sweeping) and two-hour. Painted on the street is a single six-inch-wide six-foot-long transverse white line that, I ...
6
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1answer
73 views

Can a state agency, asserting “equal footing”, ignore an order from a state court

Awhile back I had to hire an attorney when the state of California was erroneously notified from another state that I had been convicted of a DUI...resulting in a suspension of my California Driver's ...
5
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1answer
107 views

Is an agreement enforcable that makes parents liable for a child’s behavior at school?

Hypothetical facts Alice is 17 (a legal minor). Alice attends the 12th grade at Bob High School (BHS), a California public high school. BHS loans Alice a laptop to do her school work. As a condition ...
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1answer
29 views

Contract still valid after servicer changed name?

There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else. I had a contract ...
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2answers
78 views

Church / School / Religion / Disney! / California

I attend a public school in California, there is a voluntary field trip day, once a year, where you go to a church. In the church, they put on a Disney show, with nothing religious about it. The ...
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1answer
30 views

Does legislation around government transparency (e.g. FOIA or Sunshine ordinances) apply to public sector hiring processes?

Can Civil Service applicants be required to sign confidentiality agreements regarding the application and interview process? Can FOIA/Sunshine requests enjoin government offices to disclose present ...
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1answer
51 views

Got into a car accident, do I need a police report?

I got into a car accident today. There are no injuries involved. Do I need to file a police report? I live in California. One police station tells me that I don’t need to file a report, another tells ...
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1answer
70 views

Would this be considered a hit and run?

Our vehicle was parked at our apartment complex and I noticed that there was a large scratch and dent on it. Would this be called a hit and run? The person who did it did not leave a note or ...
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2answers
1k views

Purchase of alcohol with a minor present

Hello people who know a lot more about alcohol laws than me, So a general gist of my question is, why is it legal for certain stores to deny the sale of alcohol to me (who is over 21) with a minor ...
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1answer
79 views

Is the recent Bayer weedkiller damages award a reasonable expectation of the result of future appeals

Bayer through Monsanto was recently ordered to pay 289M USD in damages in the case of one individual who became ill allegedly by way of a weedkiller substance and there are 5000 similar lawsuits. The ...
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1answer
122 views

Can a Rental Contract Supersede State Law?

After several years of habitability issues (which were eventually fixed after 4 years), our landlord is asking us to sign a settlement agreement that would release them from all liability dating back ...
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1answer
84 views

Can private schools in CA require a uniform?

California has what's known as Leonard's law that protects free speech when on a private school campus, whereas the rest of the country says private schools can control speech on their campuses. I'm ...
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2answers
33 views

Financial Debt Transaction question, Compliance/accounting laws

I am an IT Database person at our company. Our company does not have a financial transaction interactive program for business users, to log customer debt payments or debt increases. So they are ...
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1answer
173 views

Can I sue If I was served a real burger after requesting a veggie burger

My husband and I were served a meat burger after requesting a veggie burger. I specifically asked what were the ingredients in the veggie burger. The district manger happened to be in the store, ...
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1answer
48 views

Filing in Small Claims court

Can a business that is in the process of dissolving in California file in small claims court case against a contractor who owes them money?
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1answer
49 views

Deposit return after lease is up with multi-renters

My son is renting a 2-bedroom apartment with 4 other people in Santa Cruz, CA. It was initially agreed that he would share a room with one of the other tenants. That agreement did not work out, ...
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0answers
23 views

How to obtain evidence that a business registration expires that is admissible?

My friend needs to have legally admissible evidence that a business partner used a business name whose registration has expired in a business dealing. On the Alameda County clerk's web page, I can ...
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1answer
173 views

Are property taxes attached to the property itself or the owners at the time?

Are the new owners of a property liable for taxes that accrue before they purchase it, or is this the responsibility of the previous owners? How would a real estate buyer be protected against a ...
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0answers
32 views

What statute requires Apple to offer extended service for vintage products in California?

In most jurisdictions, Apple policy is to offer hardware repair service for 5 years after it discontinues manufacturing a product. In California, Apple offers support for 7 years "as required by ...
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0answers
96 views

Inventions Assignment Agreement in California

As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads: "I agree that all right (...) to any copyrightable material (...) ...
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2answers
86 views

Is it legal for a company to erroneously charge you and refund you in credits?

I was recently charged a $5 fee in error by a California based tech company. I disputed the charge via app and they issued me a “refund” in credits for future use of their service. I have not been ...