Questions tagged [california]

Questions specific to the State of California.

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2
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1answer
69 views

Is a letter from a non-US licensed physician legally valid to use prescription tint windows in California?

I read in the California Assembly Bill no. 1303 (September 2017) – amended medical exemptions: (10) Sun screening devices meeting the requirements of Section 26708.2 installed on the side windows ...
0
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0answers
31 views

Does California allow prescription window tints?

Prescription window tints = window tints that are darker than typically allowed due to a medical reason. I read in the California Assembly Bill no. 1303 (September 2017) – amended medical exemptions: ...
4
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2answers
13k views

Is it legal to swear at school?

First, is it legal to use profane language in school (specifically a high school in California, United States)? Also, what is the maximum punishment allowed for a student using profanity (assume the ...
1
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1answer
41 views

Can an individual in California file a small claims case and NOT serve the defendant (or defer the serving)?

Does California allow a plaintiff to file a small claims case and either not serve the defendant or defer the serving until some time in the future (perhaps the plaintiff has 6 months to serve the ...
-1
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1answer
60 views

Can an LLC make a DBA that ends in “LLC” or “Co” in California?

As the title states, I'm interested in making a DBA for an LLC that gives some indication that it's a company rather than an sole proprietorship DBA. Can the DBA terminate in "LLC" or "Co"? Most ...
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1answer
47 views

Statute of Limitations on Prosecution

What is the Statute of Limitations for prosecution in CA,USA on Penal Code #308a? I have tried everything. Please help?
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2answers
944 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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0answers
54 views

Can I force my ex-spouse to remove my name from a loan?

In California, my girlfriend is on a mortgage with her ex-husband. In the divorce, she agreed that the property was his, but her name remained on the loan. Later, the ex-husband re-financed the house ...
3
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1answer
52 views

If insurer defends insured under Reservation of Right then can they seek reimbursement for legal costs?

Let's assume insurance company in California agreed to defend its insured and picked a legal counsel to represent their insured. But at a later date sent a reservation of rights letter with following ...
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2answers
159 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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0answers
24 views

Rights to documents sent on your behalf by an insurance company

I recently had my insurance company file subrogation against a government entity for the recovery of my deductible (and presumably their expended cost) after my vehicle was damaged on government ...
0
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1answer
63 views

Car towed from shopping center, can prove towing company is lying about the time my car was parked

My car was towed from a shopping center in Santa Clara county. I had parked at the said location around 8pm. I got my car released from the towing company after paying $450. The release document says ...
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0answers
14 views

Product Liability and Consumer Expectation Test Regarding Cannabis Edibles [California]

There's a case where a first time edible user takes a gummy and incurs permanent health damage. I have to argue the stance that the consumer expectation test fails and there's a design flaw with the ...
0
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1answer
27 views

How to handle an existing business' income and expenses when incorporating

I'm looking at incorporating my sole proprietorship as an S Corp. (An alternative I'm also looking into is an LLC taxed as an S Corp). My existing company already has income and expenses in 2020. ...
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0answers
30 views

California news media defamation damages and actual malice

California Civil Code 48a concerns libels in news media: (a) In any action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, ...
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0answers
40 views

Do old buildings have to conform to “modern” building code in California?

I've only got the 2016 building codes on me, but there don't seem to be major changes in the relevant 2019 building codes according to what information I've been able to find. Section 402.5 (Chapter ...
1
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1answer
68 views

Can a US firm legally hire someone as intern after they have graduated from school/university and aren't enrolled in any school/university?

Can a firm US based in the United States legally hire someone as intern after they have graduated from school/university and aren't enrolled in any school/university anymore? If state-dependent, I ...
3
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4answers
209 views

Is it legal for a District Attorney to choose a policy to not prosecute certain crimes?

San Francisco DA announced that he won't prosecute certain crimes like public camping or public urination (second source). "San Francisco's new district attorney has chosen social justice over the ...
0
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1answer
46 views

Cosmetology salon workers status in California from 2020?

I have been reading at various sources that beauty salon workers that have independent contractor status would be reclassified as employees starting from 2020 throughout the California. Presumably ...
1
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1answer
51 views

Michigan-Registered Car driving in California Front License Plate Question

I am moving from Michigan to California. I am shipping my car, it is in transit. The car is registered in Michigan and Michigan does not require the car to have a front license plate, so my car does ...
0
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1answer
49 views

1980s California murder trial transcript

I'm not a legal student or scholar, but I'm looking to get my hands on a full transcript of a California murder trial from the 1980s in which the defendant recieved the death penalty. Since the LA ...
1
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1answer
520 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, ...
2
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2answers
61 views

Definition of a Household or Device in the context of the California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) applies to a business if it meets one of: Has annual gross revenues in excess of twenty-five million dollars... Alone or in combination, annually buys, ...
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0answers
9 views

How does AB 375 (and its FCRA carveout?) address tokenized data brokering/APIs?

As I'm sure has happened to a few others this week, the bits of AB 375 (The California Consumer Protection Act) that came into force this month blindsided me a bit. I've tried to wrap my brain around ...
1
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1answer
55 views

Can a California county restrict redistribution of its GIS products? (even if I FOIA the data)

Alpine County, CA makes a Parcel Map available for a certain fee. Many other counties make this data available for free but Alpine County charges some $1.3k to acquire it. This part is fine, and I ...
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0answers
34 views

Should insurer ignore exclusions when extrinsic evidence contradicts allegations?

Commercial general liability insurance has exclusions that insurer doesn't have duty to defend or indemnify the insured in case claim arises of criminal activities, misappropriation of intellectual ...
1
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1answer
121 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 ...
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2answers
22 views

What exactly is “publication” in commercial general liability insurance context?

CGLIs have following paragraph to define insurance trigger for advertising injury: Oral or written publication, in any manner, of material that slanders or libels a person or organization or ...
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0answers
32 views

Can insurer avoid duty to defend by speculating about extraneous 'facts'?

It looks like insured one can't speculate about extraneous 'facts' to trigger Duty to Defend: An insured may not trigger the duty to defend by speculating about extraneous ‘facts’ regarding ...
1
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1answer
72 views

Could U.S. states test a wealth tax?

There has been some debate in the Democratic Party on the subject of a federal wealth tax. I know that there is some debate about the constitutionality of a wealth tax, but for the purpose of this ...
6
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3answers
418 views

Signal violation in vehicle not owned by driver

Guy runs a red light in a vehicle he doesn't own. Owner gets all the information and a slip to identify the driver. Can the owner just send a letter like this and have the violation(s) dropped: I, ...
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2answers
106 views

Is it legal for police in California to use a hidden microphone?

Is it legal for police in California to record suspects via a hidden microphone in police vehicles? If so, how can the information obtained be used?
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2answers
40 views

Does California's Information Practices Act (IPA) of 1977 apply to individuals after death?

I'm in the midst of researching a person who was born in 1892 and died in 1969 in California. The subject has no living heirs. I've requested documents from the California Department of Consumers ...
0
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1answer
44 views

Can you be required to have a written contract by California?

I was reading the list of the 12 conditions necessary to qualify under as a Business Service Provider (BSP) in California over at https://insight.ieeeusa.org/articles/california-bill-ab-5-threatens-...
0
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1answer
72 views

What can I do if my attorney misses a court deadline?

In California civil court cases: Will court extend filing deadlines for me if I can prove that my attorney was unresponsive? Are attorneys liable for the consequences of missing court deadlines?
4
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1answer
668 views

California’s AB5 and freelance software development

Does California’s AB5 affect freelance software developers? If they own their own company (registered as Inc.) then they obviously are not looking to become an employee. They started their company to ...
1
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2answers
31 views

Real estate - Transfer Disclosure Statement and Disclosure of Repairs

This question pertains to real estate law in the state of California. I recently purchased a house and moved in this past weekend. Yesterday, the first rain event of the season occurred, and several ...
1
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0answers
18 views

Source for California citations in the form “vc” or “cvc” rather than the Veh. Code form

I have seen many citations of California codes that say things like 'VC § 1234', 'CVC § 1234', "vc sec. 1234", "cvc section 1234" etc, when referring to the Vehicle Code. I've also seen the same style ...
1
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1answer
79 views

What responses can be filed against plaintiff's complaint that was filed with intent to harass?

Imagine that a plaintiff and his attorney both have acted in bad faith and sued you, and that: "facts" alleged by the plaintiff in the complaint are wrong and the plaintiff's attorney has not done ...
1
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1answer
44 views

Are there precedents where attorneys have been punished for plagiarism in their court filings?

Let's assume that plaintiff and his attorney wrote a complaint and sued you in a state court. You later discover that plaintiff has brutally copy pasted multiple paragraphs from a different, unrelated ...
-3
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3answers
170 views

Secretly recording job applications to incite the manager into EEOC violation [closed]

I am planning to start targeting small businesses owned by veterans, and apply for jobs while wearing a hidden recorder. I plan to bait them by stating during my request to apply for a job, "...
0
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1answer
93 views

Does an Equipment Failure Count as a Test Failure for California DMV?

This is not about me, but it is a question that has come up with someone I know. In California, if you show up to take the DMV drive test, and you can't take the test because of an equipment failure (...
0
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0answers
91 views

Does VII help employers oppress workers, or are there other laws that compensate?

I am wondering whether an employer can hire two people under the same job title and pay but deny them equal working conditions. For instance, it is common practice for Walmart to hire customer ...
0
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0answers
43 views

Tasks which require professional licenses by non-licensed persons

Background (as I understand it in California) My friends, some stranger, or myself are allowed to do minor repairs (minor plumbing or electrical work) to a home, without the need for professional ...
0
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1answer
165 views

Can cops turn their siren on with no warning?

Okay so this just happened to me minutes ago,my mom was in the middle of a turn when a police car was coming head on, there was no indication or anything he was just driving like normal but before he ...
1
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1answer
76 views

Is customer list really a trade secret in California?

This is about the lawsuit where our tenants and we, the landlord, are being sued for misappropriating competing beauty salon's trade secrets (i.e. customer list). We are about to sign retainer ...
1
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1answer
44 views

How does rental income garnishment work?

I am a former tenant and never received my deposit. The small claims court ordered my deposit be paid in full. I understand I can garnish rental income from my landlord who still refuses to pay. My ...
1
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1answer
159 views

I bought a car from a person who is licensed as a dealer and now they are asking me to pay tax days after the purchase

I bought a salvaged car from a person with a dealer number. I paid cash in full. He gave me the title and I went went through the process of getting it registered with the DMV. The car is now ...
0
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2answers
80 views

Can my boss promise a job to someone before posting it?

I work in California. I'm due for a promotion for a supervisory role. Before the more senior employees were considered and one was promoted. I got word that my manager promised the job to my coworker ...
2
votes
1answer
170 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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