Questions tagged [california]
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of California.
894
questions
63
votes
2
answers
12k
views
Is it legal for private citizens to "impound" e-scooters?
This recent article from The Verge claims that two men in San Diego have create a repo company that impounds e-scooters from companies like Lime, Bird, Lyft, Uber and Razor.
However as far as I can ...
62
votes
1
answer
21k
views
Is Elon Musk's child name valid in California?
Elon Musk and his partner want to name their child X Æ A-12.
Is that name allowed in California, US?
47
votes
5
answers
22k
views
If a signal person in California tells me to kill someone, do I have to do so?
According to California sample written driving test (problem 6):
You see a signal person at a road construction site ahead. You should obey his or her instructions:
A. Only if you see orange cones ...
45
votes
2
answers
16k
views
Can I enter a rental property without giving notice if I'm afraid a tenant may be hurt?
I rent a “Mother-In-Laws quarters” (guest area) that is on the side of my house. It has a private entrance.
If I'm concerned something has happened to the tenant, am I legally allowed to enter the ...
45
votes
3
answers
16k
views
In Los Angeles can I defend my own property against looters?
Currently, there is looting being done in Los Angeles by many people who are pretending to protest against the killing of George Floyd (some others are actually protesting and a few people are helping ...
41
votes
6
answers
14k
views
Suppose someone kills more people than they intended. Did they murder the extra people?
If a person sets a bomb in a music festival. Based on previous attendance numbers, they expected 60,000 people to show up. 120,000 people showed up and were killed by their bomb. Legally, did they ...
33
votes
3
answers
15k
views
California: "For quality assurance, this phone call is being recorded"
In California, it is illegal to record phone calls without the consent of all parties involved.
However, when you call corporate phone number, you often get a message to the effect of "For quality ...
30
votes
5
answers
18k
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 ...
30
votes
3
answers
12k
views
Can pay be witheld for hours cleaning up after closing time?
The bar in California, where I work, closes at midnight. We start cleaning (bar, kitchen, bathrooms, dishes) before we close, but only if it's not too busy. Once midnight hits, it takes 30 minutes ...
30
votes
3
answers
12k
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 ...
29
votes
7
answers
5k
views
If a law is new but its interpretation is vague, can the courts directly ask the drafters the intent and official interpretation of their law?
The problem with old laws seems to be that many times the drafters aren't alive to tell what their intent or interpretation is of a given law, but in case a law is new and the drafter or drafters are ...
29
votes
3
answers
8k
views
Do I (witness) have to respond to email from defendant's lawyer?
I witnessed (heard) an alleged crime a long while back and was recorded as a witness by the police. Recently, I received an email from the defendant's lawyer requesting contact information and asking ...
29
votes
2
answers
5k
views
What does it mean if your apartment is in two cities at once
I discovered that the border between two cities runs through an apartment that I am renting. There are two official parcels, one in one city (City A) and one in another (City B), they are both in the ...
27
votes
2
answers
5k
views
Strange Clause in Employment Contract Concerning Leaving Job
My teenager has applied for a tutoring job at a local after-school tutoring center and there is the following clause in her employment contract:
If you decide to discontinue after your term is over, ...
27
votes
1
answer
9k
views
Is it illegal to restore a car in my own driveway in Orange County, CA?
Long story short, I live in Anaheim, CA. I can't find any mention of laws regarding this, so here goes. My father has had a classic Camaro in our driveway since the 90s. It has been parked and ...
23
votes
4
answers
9k
views
Is it legal to refuse an offer for real estate which is above the asking price, when there are no other offers by the published due date
A house in California is for sale with asking price of X .
A buyer engages with an agent and finds out in writing that offers will be accepted until a certain date.
A buyer submits a formal written ...
23
votes
2
answers
10k
views
What are the legal ramifications of a legally dead person turning up alive?
Context: I am writing an urban fantasy story in which a man dies, is declared dead, and comes back to life via supernatural means on the autopsy table. The existence of the supernatural is not common ...
23
votes
2
answers
3k
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....
21
votes
4
answers
7k
views
Can I sue an app for enabling harassment?
Can I sue an app for emotional distress?
My soon-to-be ex-husband has been using a fake phone number app in order to impersonate:
my child's school
the coroner's office
the police officers who are ...
20
votes
1
answer
5k
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, ...
19
votes
2
answers
8k
views
Is a thumbs-up emoji considered as legally binding agreement in the United States?
I read that a thumbs-up emoji considered as legally binding agreement in Canada. Is a thumbs-up emoji considered as legally binding agreement in the United States?
If state-specific, I am mostly ...
18
votes
6
answers
4k
views
Can a crime victim sue the prosecutor that prosecuted the crime? [closed]
This is an unusual situation, probably not what you are expecting.
A few years ago, my addicted son would demand money from his mother (my wife) while I was at work. She would say no, but he wouldn't ...
17
votes
8
answers
8k
views
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
For example, suppose an attacker is chasing a victim with a knife and the intention to kill. While running away, the victim falls, hitting their head, and dies.
Assuming there is clear evidence for ...
17
votes
4
answers
10k
views
If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?
Say that Bob is a horrible person who commits murder, theft, and a bunch of other bad stuff. Before getting caught, he shoots himself in the head. Miraculously, he survives, but with a severe case of ...
17
votes
5
answers
4k
views
"Pressing charges" - is it needed to bring a charge?
In movies, it is often the case that we see police decline to proceed with a case because the victim "refused to press charges". Recently we saw this with the battery of Chris Rock by Will ...
15
votes
3
answers
6k
views
What's the impact of this late fee typo?
My landlord has a late fee clause in our lease, which says that if the lessee is late with the rent, the lessor must pay a (poorly defined) late fee.
What would be the effect of this clause?
The ...
15
votes
2
answers
4k
views
What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?
This is a bit of follow-up to this situation, although the question is different and things got much worse.
According to a recent poll, 40% of San Francisco residents are considering moving out of the ...
15
votes
4
answers
5k
views
Do police have a civil duty to do their job?
If someone steals my car and the police refuse to respond, and in fact prevent me from taking action to recover the car.
Can police be sued for not doing their job? I.e., if I spend millions of ...
14
votes
3
answers
4k
views
Is it legal to fix an iPhone with a non original battery in California?
I got my iPhone XR battery replaced 6 months ago. I chose a bigger capacity battery. The tech guy told me it is not apple's original part. But I decided to give it a shot. Battery life has been ...
14
votes
1
answer
8k
views
Where are non-binary and intersex prisoners kept?
I have been racking my brain trying to figure this out.
When a non-binary character has to be imprisoned, how is the correctional facility determined since most if not all are binary?
My particular ...
14
votes
2
answers
2k
views
Can you sue the courts and involved agencies for custody orders that proved harmful to you as a child?
One of my friend's parents, we'll call him Jamal, were separated early on. While both of his parents fought vigorously for custody of him and his brother Rodney, the court chose to grant his mother ...
13
votes
1
answer
2k
views
What award can an unpaid independent contractor expect? What are the legal incentives to pay contractors?
I (Washington State, USA) worked, under contract, for an LLC (Los Angeles, California, USA) and never received payment. I was considered an independent contractor; contract specifies Californian ...
13
votes
2
answers
2k
views
What constitutes a "religious belief"
Reading this article I have to wonder what "religion" all these SF police employees belong to that denies them access to the vaccine.
Do they have to declare which religion they're a part of ...
13
votes
3
answers
3k
views
Is it legal in California to use lethal force to stop ANY felony from being committed?
According to California Penal Code Section 197
197. Homicide is also justifiable when committed by any person in any of the following cases:
When resisting any attempt to murder any person, or to ...
13
votes
5
answers
4k
views
If someone removes a speed limit sign, can one still be ticketed for driving over the limit?
Say a truck driver were to plow into a speed limit sign, rendering it completely unreadable, and further completely unidentifiable as a speed limit sign. It just so happens that this same sign is the ...
12
votes
3
answers
4k
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?
12
votes
4
answers
7k
views
California: Is there a grace period when signing an apartment lease?
Let's say you sign a lease and move into the apartment and the 1st or 2nd night you discover there is a dance club next door that runs loud music until 2am.
Is there any law that requires the landlord ...
12
votes
3
answers
3k
views
Asking for compensation for a broken job offer in CA
I have a family member who had a steady full-time office job in Los Angeles. He wanted a change of pace, so he reached out and got recruited by a well-known transportation company who offered him a ...
12
votes
2
answers
3k
views
If a witness asks for their lawyer during a trial, how is it handled?
A criminal trial is going on. Andy the Attorney asks Walter the Witness some questions. After a while, Walter realizes he's been an idiot, and says he wants his Lawyer Larry.
How does the court ...
12
votes
1
answer
762
views
Do corporations have equal rights with natural persons to carpool on California freeways?
Articles on SFGATE from 2013 and Wikipedia: Jonathan Frieman describe the legal efforts of Johnathan Frieman of San Rafael, CA in creating an odd test case for corporate personhood.
Frieman argues ...
12
votes
2
answers
742
views
To what extent, if any, do I have ownership over, and rights to, works I create on my own time?
I am a software engineer in California. If I create a piece of software, in my own time, using my own equipment, do I own the copyright on that creation, or does my employer?
I see things such as "...
12
votes
2
answers
488
views
Practicing Law without a License over the Internet
John Smith is a US citizen who is ordinarily a resident of California who is not and never has been admitted to the bar in any jurisdiction. He is travelling in the UK, and gives legal advice on ...
11
votes
2
answers
4k
views
Does a squatter's executor have tenant rights after the squatter's death?
In California, "Bob" was living rent-free for years in exchange for caretaking and minor repairs. There wasn't any written contract.
Six weeks ago, Bob's sister "Sue" began to ...
11
votes
3
answers
9k
views
Is it a crime to take out a loan with no intention to repay?
This question on Money.SE concerned a person who had taken out a number of loans. He didn't intend to repay these loans in full, planning instead to default and leave the country. Several posters on ...
10
votes
4
answers
6k
views
How is a wealthy criminal expected to get a good lawyer?
Say Carl the criminal is a bad guy who's rich. One day, he gets caught. They confiscate his phone and lock him up and deny bail. How is Carl supposed to find a good lawyer? He's locked up and doesn't ...
10
votes
2
answers
3k
views
Intellectual property with hiring minor as software engineer
I'm currently running a startup in California, and I'm looking to hire a few minors as paid software engineering interns. Since minors are unable to sign contracts, will I run into any issues with ...
10
votes
2
answers
2k
views
What prevents a business from disqualifying arbitrators in perpetuity?
In California, any party may disqualify a arbitrator within 15 days of receipt of their disclosure form. CCP 1281.91. The right to disqualify is absolute, may be exercised without cause, and an ...
10
votes
1
answer
5k
views
Meter maid in San Francisco blocks the way, and issues the parking ticket while the driver is present
While driving in San Francisco, I got a cell phone call that I had to take. So I stopped at the metered space for maybe 2 minutes to take a call.
Next thing I see is a parking enforcement car behind ...
10
votes
1
answer
1k
views
Can a Californian be in legal trouble for physically restraining a dangerous child not his own?
Here's what I witnessed some time ago:
There is a large ground level chess set set at an outdoor mall, with squares about 2x2 feet and pieces 2-3 feet high, about 5 lbs each. This chess set is ...
9
votes
3
answers
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 ...