Questions tagged [california]
Questions specific to the State of California.
454
questions
2
votes
1answer
57 views
Employer very sporadic with paydays, not sure what to do
My girlfriend works for a large chain restaurant, of which I believe she works for a franchise location.
I found it very weird that they down right refused her request to set up direct deposit, but ...
-1
votes
2answers
46 views
Is it legal for a non-lawyer to help another party with their California arbitration case?
With the cost of lawyers being exorbitant in most cases, what alternatives are there for people who are willing to pay a reasonable amount for help navigating the process of arbitration?
Presumably I ...
0
votes
1answer
16 views
Under which conditions after winning a trial in California you can claim for compensation to cover attorney expenses?
I have been menaced to be brought to court in a case where the other part has largely more resources than I do. I am not worried about the veracity of the claims, but I am worried about being dragged ...
6
votes
1answer
2k views
Waiving my right to not be evicted in a San Francisco lease
I am seeking for a new place in San Francisco. After chatting with a home owner who liked me as a potential tenant, we disagreed on the price, and his reasoning is that since this is a unit under the ...
1
vote
1answer
59 views
Are video consent forms needed for minors to participate in live video conferencing?
Since many classes are going online, do children under 18 require their parent/guardian to sign a consent form so they can participate?
Would it be different from a video release consent form since ...
0
votes
1answer
62 views
Does the current ban on evictions apply to expiring leases?
My friend is currently in a pickle. Their lease expires in a couple of weeks and they were originally planning to move to a different property. However given the lockdown in California, moving is no ...
0
votes
1answer
59 views
Prosecuting prison escapees
Would the actual escape from a state prison ever incur federal investigation, federal charges, and/or federal prosecution? If not, who investigates, charges, and prosecutes escapees for escaping from ...
-4
votes
4answers
212 views
Illegal to threaten suicide in California?
I live in California and today I was at a store where they overcharged me for a product (the product was literally marked a different price than what they keyed in). I didn't catch it until it had ...
4
votes
2answers
996 views
Fifth Amendment and Mandatory Shelter in Place
Several counties in California have issued a shelter in place order due to the ongoing COVID-19 pandemic. For example, see a Santa Clara’s order here.
The order states that individuals have to ...
9
votes
3answers
2k views
What laws apply to Visa holders in the US?
I'm a French citizen currently staying in Los Angeles for studies under an F1 Visa.
I was told that in the US, only federal law applies to foreigners which is why despite Pot being legalized in ...
1
vote
1answer
76 views
Apartment lease clause where landlord can unilaterally amend lease (with 30 days' notice) without tenant's approval
While reviewing a lease (in Sunnyvale, California) for an apartment-hunting friend, I saw this clause:
New policies and rules or amendments to this document may be adopted by Owner/Agent upon ...
0
votes
0answers
39 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:
...
2
votes
1answer
86 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 ...
1
vote
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
vote
1answer
49 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?
0
votes
0answers
55 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 ...
1
vote
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
votes
1answer
64 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 ...
3
votes
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 ...
0
votes
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
votes
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, ...
1
vote
0answers
41 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
vote
1answer
69 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
votes
4answers
213 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
votes
1answer
55 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
vote
1answer
57 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
votes
1answer
29 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. ...
0
votes
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
vote
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
vote
1answer
56 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 ...
0
votes
2answers
23 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 ...
0
votes
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
vote
1answer
74 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 ...
0
votes
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?
0
votes
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
votes
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?
1
vote
0answers
19 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
vote
1answer
45 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 ...
4
votes
1answer
808 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
vote
1answer
80 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 ...
-3
votes
3answers
171 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
votes
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
votes
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
votes
1answer
168 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 ...
0
votes
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
vote
1answer
77 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 ...
0
votes
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 ...
1
vote
1answer
51 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 ...
0
votes
2answers
81 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 ...
0
votes
0answers
60 views
Can phone conversations be used in court as defense?
I live in California where all parties involved in the phone conversation have to give consent before phone conversation can be recorded.
My question is - how the information discussed over the phone ...
