Questions tagged [california]

Questions specific to the State of California.

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59
votes
2answers
9k 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 ...
48
votes
5answers
20k 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 ...
45
votes
2answers
14k 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 ...
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 ...
32
votes
3answers
12k 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 ...
32
votes
3answers
11k 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 ...
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 ...
21
votes
4answers
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
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....
14
votes
1answer
5k 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 ...
13
votes
3answers
2k 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 ...
12
votes
2answers
339 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
3answers
4k 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 ...
11
votes
2answers
435 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 "...
11
votes
1answer
610 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 ...
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?
10
votes
1answer
4k 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 ...
8
votes
3answers
438 views

How much ocean does a person with a beachhouse own and what can he do with it?

Assume a person owns a beach house in California. How far into the ocean does this person own as a landowner? Does the person own all coral reef, rocks and other things in the ocean in his owner ...
8
votes
2answers
388 views

Am I obligated to sign contracts and fill out paperwork post termination?

I was asked to resign from a startup then sometime down the line the company asked me sign the following documents Terms of Resignation Employee Invention Assignment and Confidentiality Agreement ...
8
votes
1answer
679 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 ...
8
votes
1answer
364 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 ...
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 ...
8
votes
5answers
2k 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 ...
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, ...
7
votes
1answer
232 views

Do trans women count as women for the purposes of this new California law?

This article on CNN states the following: That's according to a new law, enacted Sunday, which requires publicly traded firms in the state to place at least one woman on their board of directors by ...
7
votes
2answers
380 views

Leased apartment changed management. Is requiring in-person payment unreasonable?

I live in a college town in California with a leased apartment. On June 26th, a noticed (in paper) was posted on our doors that the apartment complexes have been sold, effective immediately. Part of ...
7
votes
2answers
112 views

Register an inherited Trophy of War handgun?

My grandfather recently passed away. He was a veteran, and owned a Nazi P38 Luger handgun, registered as a Trophy of War, manufactured in 1941. It appears I may inherit the Luger. We are both from ...
7
votes
1answer
238 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
5answers
584 views

Who gets the traffic ticket in a self-driving car?

I read in this Bloomberg article Ten days later, a Mountain View motorcycle cop noticed traffic stacking up behind a Google car going 24 miles an hour in a busy 35 mph zone. He zoomed over and ...
6
votes
1answer
3k views

How much can a landlord charge for overnight guests?

Here's the part of the contract: The Premises are for the sole use as a residence by the above-mentioned Tenant(s)(Item 1) only, not as physical exercising place or other business or political ...
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 ...
6
votes
2answers
691 views

Obligation to respond to written interrogatories requesting personal information

I received a letter form an attorney, resembling this template. (Header of that template for posterity): SUPERIOR COURT OF CALIFORNIA COUNTY OF BLAH PLAINTIFF'S NAME ) ...
6
votes
3answers
364 views

Can landlords refuse to show you contract prior to application?

I've seen some landlords refuse to provide a sample residential lease contract prior to making an often non-refundable application, in California and other states. Is it legal? Aren't you supposed ...
6
votes
1answer
287 views

Is it legal to prevent a single parcel of land from being split?

I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, ...
6
votes
1answer
599 views

In California, what happens if one spouse names a third party as their sole life insurance beneficiary?

Under California's community property law, each spouse can only control half of the couple's community property in his or her will. Does the same rule apply to life insurance benefits? Can one spouse ...
6
votes
1answer
106 views

Can a state agency, asserting “equal footing”, ignore an order from a state court

Awhile back I had to hire an attorney when the state of California was erroneously notified from another state that I had been convicted of a DUI...resulting in a suspension of my California Driver's ...
5
votes
2answers
1k views

Am I allowed to use lethal force against some one who is lawfully threatening my life?

Following on this question: Am I allowed to kill a person threatening me? CA, USA What if you are the target of lethal force? In this case your own life is threatened, even though you created the ...
5
votes
2answers
1k views

Is the judge allowed to nullify laws?

If a jury disagrees with a law, it's allowed to exercise a right known as jury nullification. However, what about civil cases (e.g., in a Superior Court in California) that are presided by a judge ...
5
votes
3answers
2k views

Disappearing ink on receipts: do sellers have to make the receipt that is visible at least X number of days?

The issue with disappearing ink on receipts is notorious. Are sellers required to make the receipt visible at least X number of days? I am mostly interested in the following locations: California, ...
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
296 views

Are residential lease durations in Bay Area meaningless?

The vacancy rates in Bay Area are the lowest in the nation, and the rent much so often gets increased much faster than the inflation. However, a lot of corporate complexes employ monthly pricing that'...
5
votes
2answers
286 views

Can a judge increase the speed on a traffic ticket?

I had a trial de novo today for a 22349(a), cited for 80 mph. At court when discussing the case, the officer gave his introductory statement and alleged that his radar clocked me at 90 mph but that he ...
5
votes
1answer
951 views

Can my landlord double-dip rent after my month-to-month lease termination?

I had a month-to-month tenancy with my previous landlord, which I terminated via written 30 days notice. The lease will terminate on the 21st of this month. I have already paid pro-rated rent until ...
5
votes
1answer
2k views

Drinking water is contaminated; what can a tenant do?

I'm renting an apartment in a rural part of California where I've lived for about three years, on a month-to-month rental agreement. The landlord is responsible for providing / paying for the water, ...
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
814 views

Is it illegal for police officers to delete video evidence of an arrest?

With how common smartphones are these days, many people film encounters with police officers as evidence in case things go wrong. In stories that make the news, occasionally police dashcam videos show ...
5
votes
1answer
225 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 ...
5
votes
1answer
236 views

Signature authority for corporations?

Let's say I'm a disgruntled McDonald's employee. One day I walk up to someone and give them a piece of paper saying "McDonald's agrees to give you ONE MILLYUN DOLLARS in exchange for your pocket ...
5
votes
2answers
639 views

California: Is it okay to use the center left turn lane to merge right?

In California if I'm at a stop in (1) and want to turn left on a busy street, is it okay to use the center left turn lane in (2) to merge right with traffic (as long as I don't use it more than 200 ...
5
votes
1answer
172 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 ...