Questions tagged [california]

Questions specific to the State of California.

71 questions with no upvoted or accepted answers
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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 ...
4
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0answers
85 views

Differences between SoCal and NorCal real-estate

I recall that there are some significant differences in real estate law or procedures between Northern California and Souther California. What are the exact differences and where is the dividing line?...
4
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1answer
649 views

Do I need to post a notice in beauty salon if surveillance camera is on premises (California)?

My friend's beauty salon and beauty product shop was inspected some time ago and in the inspection report it is noted "Surveillance camera in the shop". Now I am wondering what the inspector might ...
3
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0answers
54 views

Can I resell diesel to a trucking company's fleet during a price hike?

Say I have a container of diesel which I purchased at a low rate and got a discount for a bulk purchase. Can I resell it to a trucking company's fleet of truckers at a competitive rate in a high-price ...
3
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1answer
101 views

Is the Defendant Legally Entitled to an Itemization of the Damages they Are Being Sued For?

I live in California and am being sued by someone in Small Claims court who moved into my apartment for about two months with the intention of becoming a formal 'roommate' but, ultimately, had to ...
2
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0answers
78 views

What if I don't recycle in SF?

What are the legal consequences to me if I, as a San Francisco resident, fail to throw a given recyclable item in the blue (recycle) bin, and instead throw it in the black (landfill) bin? Will there ...
2
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0answers
285 views

Liability from selling car if buyer does not complete title transfer : California

Suppose one sells a car (California registered) to a person (suspected after the fact to be an illegal immigrant) who does not complete title-transfer. Suppose that the seller completes and submits ...
2
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1answer
153 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. ...
2
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0answers
154 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, ...
2
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0answers
46 views

California non-compete laws: where do they come from?

I once read that California non-compete laws come from the gold rush era, and yet I was not able to find any more information about the subject. It would be interesting to understand what ...
2
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0answers
2k views

Why is it illegal to drive with only parking lights, even during the day?

According to the California Vehicle Code, "No vehicle shall be driven at any time with the parking lamps lighted except when the lamps are being used as turn signal lamps or when the headlamps are ...
2
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0answers
41 views

Do companies formed in other states require a separate registration in California?

Various online resources claim that if you register a company in another state while living in California, then under California law, you have to also register the company in California as a "foreign" ...
2
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0answers
202 views

Is it illegal to recommend to commit a crime, and to give specific instructions how to commit a crime?

I came across the rap music clip that recommends to burglarize the neighbor. It goes approximately like this: "Find the neighbor of race X, because they usually aren't too careful and more trusting. ...
2
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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 ...
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0answers
52 views

If a doctor orders a Genome test from a patient

Does a patient have the right to obtain any data collected from a genetic test in the state of California?
2
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1answer
110 views

Can a non-California private resident transfer a handgun (used) not on the DOJ roster to a California resident? If so,what would the procedure be?

I have a friend in Oregon who has some 1911 frames that i would like to buy from him. Is this possible with me being a California resident. Also, can a non-California resident, who will be ...
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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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0answers
17 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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2answers
39 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 ...
1
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2answers
29 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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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 ...
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0answers
66 views

Is it legal to hire someone to witness a situation (i.e. workplace bullying)?

I'm hoping to get some insights about the legality of hiring a witness to gather evidence. This person would be an unaffiliated third-party that simply listens in on a co-worker conversation from an ...
1
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0answers
35 views

Communal vs separate property, California divorce

I have opened a bank account shortly after getting married, solely in my name, and we never mixed our funds. I funded it initially with money I earned prior to marriage. My husband did the same with ...
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0answers
14 views

Can a medical provider be paid to display some advertisement for medical services/treatments/products in their office?

Can a medical provider be paid to display some advertisement for medical services/treatments/products in their office? If so, does the medical provider have to disclose that they had received ...
1
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0answers
37 views

Reimbursement for business use of personal phone

I work at a small company located in California. The company has indicated that they would like to begin forwarding all calls outside of business hours to my phone. In actuality there would be very ...
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0answers
95 views

What is the maximum length of a school bus and trailer combination in California?

I have a 40 ft school bus rv conversion and am wondering what kind of vehicle this is legally when it comes to towing. I found some good material saying semis and trailers can be at max 65' long (http:...
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0answers
103 views

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
42 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 ...
1
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1answer
120 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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0answers
35 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
117 views

California Legal Ethics: Attorney Bringing On Co-Counsel w/o Client Knowledge?

Is is a breach of ethics in California for an attorney representing a client in a civil matter to discuss their client's case in detail with potential co-counsel without the client's knowledge or ...
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0answers
29 views

Do you need to get a work permit for a federal job in California?

I am a 17 year old who is currently thinking about getting a summer job in the federal government, or at least an internship with a possible stipend. In the child labor law, says that there is an ...
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0answers
280 views

Can I legally buy a car in Texas, but register it in California?

I've got a quick question regarding vehicle registration in the States of California and Texas. I'm a full-time student at a public university in Texas, but am and remain a legal resident of the State ...
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0answers
13 views

Can CA public benefit corps be for-profit?

I'm interested in forming a public benefit corporation in California in 2018. As I understand it, these can be for-profit. But when I look at the California government website for information about ...
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0answers
136 views

question about abusive landlord

I recently got suckered into signing a lease on a room. I thought the place looked OK when I checked it out, and it was in a good area. The rent is $1,000/month and I put down a $100 deposit. The ...
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0answers
48 views

How do I find the correct fine/fee/bail for a municipal code parking violation?

I received a citation for San Jose Municipal Code 11.36.290 which is for parking a commercial vehicle over 10,000 pounds in a residential area. The fine was for $490, as well as the inclusion of a ...
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0answers
292 views

Does California Penal Code 1214.1 disallow the requirement to pay bail before Trial by Written Declaration?

California Penal Code 1214.1(b2) states: Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge. However, California Traffic Courts ...
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0answers
44 views

Is one legally required to do anything if not billed for utilities?

I live in an apartment complex in California where electric and gas service are the tenant's responsibility. When my tenancy began, I set up service with the local utility company. I went to their ...
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0answers
115 views

Can a public school “edit” a transcript from a private institution?

I've got quite the interesting story. Long story short, I'm enrolled at summer school with a private, nonprofit institution that has an agreement with my school district that allows grades from summer ...
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0answers
72 views

What is the maximum allowable building height in Mountain View, California?

Anecdotal evidence online suggests that the maximum height allowed by city code in Mountain View is 40 or 50 ft. Is there an authoritative source for this (or the correct) figure? I've looked at Muni-...
1
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0answers
95 views

Do doctors have the legal responsibility to inform the patient of services not covered by the insurance in the USA?

I wonder whether doctors have the legal responsibility to inform the patient of services not covered by the insurance in the USA. https://craighospital.org/resources/you-and-your-doctor-rights-and-...
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0answers
69 views

Who is legally responsible for the traffic signage of a drive thru that intersects a sidewalk?

So here is the setup: Drivers keep coming in through the oneway drive thru even though the "do no enter" sign is there. Although, to the credit of the people who do this, the sign is a bit high off ...
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0answers
183 views

How is Texas eviction process different from California's?

For people moving from California to Texas (the direction of the migration is paramount and hard to dispute), and who may be familiar with the eviction process in California, what would be the ...
1
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1answer
77 views

How does equal pay for substantially similar work (as per the California Equal Pay Act) apply to commissions?

I'm curious about the following scenario. If a business hires people and pays them a commission, is the employer obligated to be neutral in how it directs sales to each employee, in cases where the ...
1
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1answer
512 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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1answer
24 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
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 ...
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0answers
31 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 ...
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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 ...
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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 ...