Questions tagged [california]

Questions specific to the State of California.

Filter by
Sorted by
Tagged with
30
votes
3answers
7k 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
1answer
8k 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 ...
2
votes
0answers
85 views

If a (US-based) website repeatedly allows users to post my copyrighted material what legal actions can I take?

I'm a university lecturer in Australia teaching mathematics. I produce question sheets for my students. It takes significant effort to produce high-quality questions. These question sheets are ...
3
votes
3answers
3k views

Firearm transfer between CA and WA

I recently had a grandfather pass away and he left behind a beautiful Colt Trooper MK V .357. He lived in Santa Barbara, California and me and my dad are flying down there tomorrow to get some ...
-3
votes
1answer
111 views

What exactly did Harvey Weinstein do to be convicted of rape in the third degree? [closed]

If a man puts gun to a woman's head to force her to engage in sex, that's rape in first degree. So what is rape in the third degree? https://en.wikipedia.org/wiki/Harvey_Weinstein_sexual_abuse_cases#...
1
vote
1answer
63 views

Is not having a valid car insurance a misdemeanor in Orange County, California?

My doubt arises after having received correspondence back from the Superior Court of California County of Orange. I pleaded guilty on a traffic ticket I had pending since three years ago only after ...
2
votes
0answers
57 views

Are there any rules in California that govern what space can be counted as “living area” by agents when advertising property?

It seems that County Assessors under livable square footage use only legally permitted area. And Assessors use it to determine property taxes. However, are there any laws in California that would ...
0
votes
0answers
21 views

Out of country court case related to employee / employer financial claim

I am a contractor in Ontario, Canada. However, I am not a citizen of Canada or the US. I am contemplating a court case against my contract-employer in the US, regarding non-payment of my salary ...
2
votes
1answer
53 views

Meaning of word “remodeled” in California seller disclosure?

On California C.A.R. TDS forms sellers have to disclose any unpermitted work properly so that buyers would not later sue seller for misrepresenting property. On disclosures I have seen words "[re]...
0
votes
1answer
70 views

California Fires Evacuation Eviction

I'm renting a house in Santa Cruz mountains where the CZU fire is. Our 9 day evacuation was lifted on Saturday and our lease was up yesterday (Monday). We were in the process of moving when the evac ...
0
votes
1answer
89 views

Is home buyer allowed to back out from purchase in case seller sent materially different disclosure form after buyer removed contingencies?

Before visiting a property seller sent C.A.R. TDS form via email that stated that "guest house was remodeled without permits". Since guest house was advertised as part of property and ...
0
votes
0answers
37 views

Stove was replaced but old stove was not removed from premises

The stove had issues recently and it was replaced by the landlord. The worker who moved the stoves placed the old stove on the side of the house. I assumed the landlord would have it removed but that ...
1
vote
0answers
46 views

If I pay a disputed amount to my landlord, can I later sue in Small Claims Court?

California Small Claims/Landlord question: My landlord has withheld my security deposit upon move out, and claims I owe additional charges for cleaning the apartment. I've disputed these and plan to ...
-1
votes
1answer
56 views

Am I interpreting “Removal of Contingencies With Offer” clause properly?

C.A.R. purchase agreement has following paragraph that has a checkbox next to it: C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal ...
4
votes
2answers
16k views

If someone is accidentally killed by someone who is texting and driving, what is the penalty and charge?

If someone is texting and driving and a pedestrian walks out in front of them on a side street and dies, what will the driver be charged with and what is the penalty?
1
vote
2answers
57 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 ...
14
votes
4answers
4k 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 ...
0
votes
2answers
57 views

Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?

Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
2
votes
1answer
77 views

Has anyone ever been fined for not wearing a mask in California?

California has a statewide mask order. I wonder if anyone has ever been fined for violating it?
15
votes
3answers
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 ...
1
vote
2answers
41 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
vote
1answer
68 views

When the Director differs from the script

Let's assume Alice wrote a bestseller. Then she made a script from it. This script is then given to the movie studio in Hollywood, who contracts Director Bob to make the actual film. The studio doesn'...
0
votes
1answer
113 views

Vehicle Registration and Tickets

I reside in California, USA. I drive a small pick-up truck that is insured and owned by someone else. If it's not registered (doesn't get tags), but remains insured who is responsible to for any ...
1
vote
2answers
720 views

Can I sue from California, in small claim court, someone in England who is British?

Can I sue from California, in small claim court, someone in England who is British? I live in California and this guy sometimes comes to CA for business. He stole money from me in the U.S.
0
votes
1answer
58 views

Does a notice posted to the outside of an apartment door count as appropriate notice in all cases?

Consider the situation in which a landlord seeks to give a tenant notice (e.g. past rent, apartment inspection or servicing). Does taping / affixing the notice to the outside of the tenant's apartment ...
1
vote
1answer
206 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 ...
0
votes
1answer
36 views

FL-150 INCOME AND EXPENSE DECLARATION - Have No Information

My question involves a marriage in the state of: California. I have a spousal support hearing very soon and I need to fill out the FL-150 Income and Expense declaration form. Found here: https://www....
1
vote
1answer
85 views

If a contract always uses the wrong name, is it still valid?

I was given a contract (NDA) that looks like it was from a template that was not retyped. My name is not stated anywhere on the contract, but rather someone else's name is on the contract. I do not ...
0
votes
1answer
31 views

Does the hit and run statutes also apply for accidents in private property in California?

I know that a hit and run is a misdemeanor in California when there are only property damages, but does this also applies to a collision in a private property? How is a typical bump in a parking lot ...
1
vote
2answers
47 views

Do we have access PG&E case files?

Is there any way to have access to PG&E cases in the recent bankruptcy court? Are they public?
2
votes
2answers
125 views

The “self defense” defense but for pets

If you were to be walking with your family down the street, and a kerfuffle with a stranger were to break out, risking the safety of yourself or your family, in both federal and state courts for just ...
3
votes
2answers
229 views

Can Walmart ban shoppers who wear Nazi face masks from entering in California?

Description of incident The last paragraph is the one I'm interested in: Walmart says the trespass notices issued to the couple prevent them from visiting any Walmart facility for at least one year. ...
39
votes
6answers
12k 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 ...
1
vote
1answer
71 views

Clear FTA (Failure to Appear in Court) from my record

Went to the DMV to renew my driving license and I found it was canceled due to a Failure to Appear in court and Failure to Pay a fine that was imposed to me for scratching a car while parking three ...
1
vote
0answers
40 views

Legal definition of exempt employee's “own time” regarding creation of copyrightable content

I live in California, where CA Labor Code § 2870 states (emphasis added): (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or ...
0
votes
1answer
212 views

Transferring non-operational vehicle title to new owner in different state

I recently got married, and my new father in law gifted us a classic vehicle that needs a bit of repair to be operational. The vehicle is currently titled in California as a non-operational vehicle, ...
1
vote
1answer
82 views

Is it legal for a business to store and use my payment information in a way that I can't edit, remove, or otherwise control?

I recently moved from a townhouse where I used Waste Management for my trash and recycling pick up. The apartment I moved into takes care of trash so last month I canceled the service, got a phone ...
0
votes
1answer
86 views

No roommate agreement. One roommates wants to move out early of 1 year lease. Who pays rent?

Let's assume that two co-tenants jointly signed a 1 year lease with landlord. One co-tenant now wants to move out early after living there just 1 month. There is no roommate agreement. What are the ...
0
votes
0answers
16 views

Online sale of disposable vape devices

My friend and I want to start an online subscription service for people who vape, but are unsure of the legal hurdles involved in selling Nicotine online. We are located in the US and would like to ...
0
votes
1answer
43 views

Under California Health and Safety Code 11361, what constitutes “inducing a minor to use marijuana”?

In California it seems like marijuana is legal for adult recreational use, but that does not extend to minors. Under California Health and Safety Code 11361 there's a section about "Inducing a ...
2
votes
1answer
119 views

How can someone sell their car in California whilst overseas?

How can someone sell a car in California without being present to sign the required documents (title etc)? Selling a car in California requires the seller to sign documents such as the title, when ...
1
vote
2answers
88 views

Ethics related to representation of a person with impaired judgement

We have a family member who has hired an attorney in the state of California. The family member is the beneficiary of a special needs trust (an SNT). The family member wishes to break the trust, and ...
1
vote
4answers
169 views

Why all caps first and last names in id cards / passports?

I am wondernig what is the reason, if any, that in the national identification cards the names (first and last) are written in ALL CAPS?
0
votes
2answers
58 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 ...
0
votes
1answer
43 views

Has anyone dealt with issues with non-compliance of CRC 8.124(c) in California appellate cases?

The appeal proceeds with 8.124 appendix. The opposing party / counsel (appellee) has been withholding trial exhibits (which were returned after the trial). A 8.124(c)(2) notice was filed in the ...
0
votes
2answers
3k views

Am I owed this profit-sharing benefit after quitting?

This is in California. I quit a job over a year ago and finally, just recently, got the last profit-sharing benefit. But when I saw the amount, it looks like I got 3-5% of my wages for the eligible ...
6
votes
1answer
3k 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, ...
0
votes
2answers
198 views

Power of termination: how is it different from executory interest?

In CA, all defeasible fees are known as fees simple subject to a condition subsequent, and all executory interests reserved by the grantor after granting such fees are known as powers of termination. ...
1
vote
1answer
83 views

Are passengers allowed to record the audio of their interactions with the US immigration officers when clearing the immigration as they enter the US?

Are passengers allowed by law to record the audio of their interactions with the US immigration officers at the airport when clearing the US immigration as they enter the US via air travel? If state-...
2
votes
1answer
55 views

Who (apart from the beneficiary) has standing to sue when a trustee violates the terms of the trust?

The jurisdiction here is California, USA. This is a (sort of) hypothetical - I heard (third hand) of someone with a trust like this. I'm not terribly confident that I have all the details correct, ...

1
2 3 4 5
11