Questions tagged [california]

Questions specific to the State of California.

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20
votes
2answers
2k views

If other party notified me that phone conversation is being recorded, do I need to tell them if I am also recording it?

When I call, for example, AT&T or any other company, then before they pick up the phone they sometimes give me a notice that the phone conversation could be recorded for training or other purposes....
33
votes
5answers
15k views

Am I allowed to kill a person threatening me? CA, USA

You are riding a public transit train and out of nowhere a man with blue jeans takes out a P99 semiautomatic pistol and takes the passengers hostage. Luckily you have a knife on you. But you don't ...
7
votes
1answer
1k views

In California, if a baseball lands in my yard, is it legally mine?

Say some neighborhood kid was playing baseball and accidentally hit the ball into my yard. Theoretically, if I own the house or my lease permits, I have the right to control access to my yard and, ...
31
votes
3answers
11k views

Why does the victim have to press charges?

Case in point that was in the news: "BART identifies man in viral video of racist attack on train", East Bay Times A California man attacked a stranger while expressing his hatred of the victim's ...
4
votes
4answers
910 views

How to gather Compelling Evidence to prove that business is fraudulent?

My friend's small business agreed to a one-month risk-free trial service from one Credit Card Processor company. However, she did not like the service, because it did not live up to verbal promises ...
10
votes
3answers
3k views

Borrow something and return it considered stealing?

So I was thinking, if I rode a coworkers bike home and returned it early the next morning before he noticed, is that legally considered stealing? Would this be legally considered stealing in CA?
1
vote
1answer
251 views

What's the penalty for breaking a residential lease in NorCal?

What's the penalty for breaking a residential lease? For example, in the Bay Area in Northern California.
1
vote
1answer
2k views

Is it legal for police to travel with a film crew and publicize arrest footage without consent?

Am I right to assume that police bodycam footage is only allowed to be released as part of a court order / as evidence? If this were true, than wouldn't a news crew accompanying the police officer ...
3
votes
1answer
315 views

No written contract. Do I have to pay undisclosed early termination fee?

A credit card payment processing company agent approached my business and offered to try out their service for free for a month as a trial. However, I decided not to use it after this one month trial,...
5
votes
1answer
4k views

How long do patients have to wait to get lab results in California?

I read on http://www.chcf.org/~/media/MEDIA%20LIBRARY%20Files/PDF/E/PDF%20ElectronicLabResultsExchangePolicy.pdf : (CA = California). which means patients used to not be authorized to access their ...
8
votes
1answer
620 views

Would it be legal to record only yourself on a phone call without the other party giving consent in California?

Let's say you're in California talking on the phone. Would it be legal to record just your part of the conversation without having approval from the other party? For example, could you set up a ...
5
votes
3answers
482 views

Can non-lawyers help people study law and do small claims?

Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law? What would be the ...
5
votes
1answer
171 views

How are emotional distress damages quantified?

In TV lawsuits, it's common for the plaintiff to request large amounts of money for emotional distress not caused by physical harm. What actual guidelines can be used in California for evaluating the ...
4
votes
1answer
1k views

Gave 30 days notice of intent to vacate, roommate who subleases to me says I owe rent for each day the room is vacant

Location: San Francisco, CA Terms of my sublease: 3 months followed by month-to-month which may be terminated by either party after giving 30 days written notice. I entered the month-to-month period ...
4
votes
1answer
245 views

Must a health insurance in the United States provide a listing of procedure and diagnosis codes that are covered upon request?

I wonder whether a health insurance in the United States must provide a listing of procedure and diagnosis codes that are covered, if requested by a policyholder? In my opinion, the listing of ...
3
votes
1answer
307 views

Can California landlords protect against tenants paying retainer instead of rent?

I've heard that in San Francisco, with a landlord that's not on top of his things, and a tenant who doesn't care about his credit report, it would be cheaper to withhold rent and pay a retainer ...
2
votes
1answer
171 views

Can males be held liable for child support for wife's child?

Lets say a single male living in California were to get married to a woman who has an existing one year old child from her previous marriage. If in the future they were to get divorced, how much of a ...
2
votes
2answers
337 views

Do both parties need to explicitly agree upon price of service before doing it?

For example, when one goes to dentist, he might ask you "Do you want me to fix cavity for you?" without explicitly disclosing the price for the service at that time. Then, if you say "Yes", they do ...
0
votes
3answers
359 views

If there was no written contract in the first place would a phone call be enough to terminate relationship with the other party?

My friend's small business engaged in a relationship with another company that provides credit card processing service. They did not ask my friend to sign a written contract at the time of signing up ...
8
votes
1answer
363 views

Is occupation distinct from “source of income”?

As per California Government Code, section 12955, it's illegal to discriminate housing accommodation based on the source of income. However, what about the occupation itself? For example, is it ...
7
votes
1answer
236 views

Must a landlord warn potential rentees about previous pest infestation?

Must a landlord warn potential renters about previous pest infestations? I am mostly interested in the following locations: California, United States Massachusetts, United States Paris, France Seoul,...
6
votes
1answer
313 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 ...
5
votes
1answer
1k views

Is it legal to let people search for professionals by gender?

Prompted by the list of injunction demands from a recent lawsuit against Uber, I'm curious whether or not it's legal in California, Texas and elsewhere to discriminate on a profession such as a barber ...
5
votes
1answer
224 views

What crime is commited when a mechanic charges for an unneeded or non-existent service?

There a number of mechanics who take profit of people's ignorance of car mechanics to charge for unneeded or even non-existent services, like change the blinker fluid or perform an capacitive ...
4
votes
3answers
1k views

Is this fraud in California?

There's an SAT academy that's been in operation for the past 15 years whose sole proprietor holds himself out to be a graduate of a distinguished university. In the Korean-American community, where a ...
2
votes
1answer
54 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?
2
votes
2answers
320 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 ...
2
votes
0answers
498 views

Can I legally wear a facekini in US beaches?

Can I legally wear a facekini on beaches in the United States? I am asking as there are sometimes regulations that prevent individuals from wearing some types of clothes (e.g., anti-mask laws). I ...
1
vote
3answers
198 views

Can you pray for the opponent party to be sanctioned in California?

In California Superior Courts, what would be some common grounds to ask the judge to sanction the opponent party? Under what circumstances would such motions be granted, and how often do any such ...
0
votes
1answer
67 views

Checkout inspection - please clarify

I read this: "Within a reasonable time after either the landlord or the tenant gives notice of termination of the tenancy or before the end of the lease term, the landlord must generally notify the ...
-2
votes
1answer
227 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, ...