Questions tagged [california]

Questions specific to the State of California.

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2
votes
1answer
94 views

The legal value of oral claims in the US

I went to the physician in California, United States. The secretary orally told me that the appointment was covered by my US health insurance, but it was not. Can I refuse to pay on the grounds that ...
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0answers
96 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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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, ...
1
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1answer
890 views

In a T intersection, does an unmarked crosswalk exist between the intersection and any sidewalk on the other side of that intersection?

Suppose I approach a T intersection but am on the road that doesn't have a stop or yield sign and I do not intend to turn. There is a sidewalk on the other side of the intersection and a seeing ...
4
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2answers
1k views

Can other party sneak in new contract terms via termination notice?

My friend's business applied for a credit card processor company's service. When signing up for this service the only document they asked her to sign was Application Form. Also, their sales person ...
2
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2answers
417 views

Do both parties need to explicitly agree upon price of service before doing it?

For example, when one goes to dentist, he might ask you "Do you want me to fix cavity for you?" without explicitly disclosing the price for the service at that time. Then, if you say "Yes", they do ...
0
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1answer
41 views

Model Release forms

I found a model release form: https://docs.google.com/document/edit?id=1LkkT_XwXwnnzwOxtGAirvVvVXzbU2YVUQeZ0kiqbGmQ I was wondering how binding this form is, and how necessary including the address ...
3
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1answer
342 views

No written contract. Do I have to pay undisclosed early termination fee?

A credit card payment processing company agent approached my business and offered to try out their service for free for a month as a trial. However, I decided not to use it after this one month trial,...
3
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1answer
104 views

How to protect privacy vis-a-vis sending resume to potential employer?

How can I protect the personal information contained within my C.V., cover letter, letters of recommendation from unauthorized sharing? I have been a victim of identity theft, so I seek to now find ...
10
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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?
2
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1answer
64 views

Obtaining copyright on a joint work produced by minors?

How would you go about obtaining the copyright of work that is produced by minors? In terms of context, I am the head of a high school club that produces original animated content. The club provides ...
3
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2answers
255 views

What place in a car is regarded as a visible place for all passengers?

I read on http://allucam.com/legality-dash-cam/: Dash cameras obviously can make a visual record of the road ahead, but under state law, they must also be capable of recording and saving audio data....
3
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2answers
311 views

Can a lab make patients pay to access test results?

Can a lab make patients pay to access their test results (e.g. blood test results)? The results are sent to the physicians, but the patients need to pay to access the results from the lab, even though ...
4
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1answer
1k views

Gave 30 days notice of intent to vacate, roommate who subleases to me says I owe rent for each day the room is vacant

Location: San Francisco, CA Terms of my sublease: 3 months followed by month-to-month which may be terminated by either party after giving 30 days written notice. I entered the month-to-month period ...
4
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2answers
7k views

Someone withdrew money from my bank account - what are my rights?

Someone withdrew money from my checking account (in several transactions) without my knowledge or permission. I was able to see the withdrawal slips online, and my signature was forged. I reported ...
6
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2answers
697 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 ) ...
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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 ...
3
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0answers
58 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 ...
5
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1answer
258 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 ...
1
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1answer
110 views

Is appeal to Disciplinary Review Committee worth it (Barbering & Cosmetology)?

I am helping a friend who has to attend Disciplinary Hearing (California). Basically the inspector checked foot SPA at her beauty salon and took off the foot SPA screen (the white thing in the ...
5
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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 ...
8
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1answer
699 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 ...
6
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1answer
624 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 ...
3
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1answer
230 views

Wet & Reckless vs DUI

What is the exact difference between a Wet Reckless vs a DUI? Moreover the financial and penal implications? I am in California.
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2answers
63 views

How can I free a service provider from estimate liability via disclaimer?

I want to ask for a quote, but I don't want the service provider to be legally bound to the estimate. What should I disclaim in my quote request?
4
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1answer
6k views

Non-disparagement in California

Two somewhat unrelated questions on disparagement, specifically in the context of California: What is the current standing law with regard to non-disparagement clauses in contracts? I recall a recent ...
4
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1answer
737 views

Can a landlord dictate where I can park when moving in/out of an apartment?

I recently moved out of a room that I rented in a house in Oakland, California. In my lease it under terms of vacating the premise my landlord added a clause stating: "All moving must be done in ...
5
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1answer
202 views

How does a police officer / the state prove a particular breathalyzer reading was taken?

If a police officer takes a breathalyzer reading of someone, what kind of record proves to a court what the reading was? General US information and/or info about California are both appreciated.
7
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1answer
2k 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, ...
4
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1answer
877 views

Do you need a business license(In California, USA)

I am curious if I need a business license or permit for an online Social media Startup company? I am located in California and applying for a LLC through LegalZoom and it asked me if I needed a ...
1
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1answer
151 views

What is this called? E.G: Competition buys product, breaks it, and asks for a return

Say I'm selling at a swap-meet. A person who, unbeknownst to me, is operating another store in the same area approaches my stall and purchases an item (specifically an old, but still functional ...
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3answers
212 views

Can you pray for the opponent party to be sanctioned in California?

In California Superior Courts, what would be some common grounds to ask the judge to sanction the opponent party? Under what circumstances would such motions be granted, and how often do any such ...
2
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1answer
53 views

Is there a case to be pursued for a non-domesticated bank account attachment?

I'm going to try and be as brief as possible because I just want to get an idea if there is something to pursue here as a case: I had old community debts from my marriage in CA; one of those debts ...
5
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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 ...
7
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2answers
390 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 ...
11
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2answers
482 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 "...
2
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3answers
1k views

3 day notice to cure breach or quit over a dirty bathtub [closed]

I am very frustrated with my landlord. They inspected my unit while I was at work and yesterday they posted on my door a 3 day notice to cure breach or quit over a "dirty bathtub". They didn't even ...
2
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1answer
107 views

How ironclad are businesses's terms and conditions?

I was wondering how binding my websites Terms and Conditions are. I specify a few things there, including a return policy and terms of use. I am in California. I'm starting to sell to the U.S. and ...
3
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1answer
213 views

Is a landlord required to disclose a balloon payment?

Suppose a house was rented two years ago in California, on a two year lease. If when the lease expired, the landlord refuses to renew, citing an upcoming balloon payment that would not be covered by ...
11
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1answer
627 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 ...
4
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2answers
75 views

What laws regulate owners of fundraising websites?

Is it true that any one can set up a website for fundraising without declaring a legal entity? For example, my church needs to raise fund for repair work, the project would cost about $40K. If I want ...
3
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1answer
321 views

Can California landlords protect against tenants paying retainer instead of rent?

I've heard that in San Francisco, with a landlord that's not on top of his things, and a tenant who doesn't care about his credit report, it would be cheaper to withhold rent and pay a retainer ...
4
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4answers
263 views

Is asking a banker the pros and cons of linking my SSN to my bank account considered requesting legal advice in California?

I opened a checking account in California and had the option to link my SSN (Social Security Number) to my bank account. The banker refused to tell me the pros and cons of linking my SSN to my bank ...
8
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1answer
421 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 ...
7
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1answer
283 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,...
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0answers
204 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 ...
8
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2answers
399 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 ...
4
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0answers
94 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?...
6
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1answer
301 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, ...
4
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1answer
553 views

Can states regulate the tint of rear side windows and rear windshields on a car?

There is a list of North American tint laws over at International Window Film Association (IWFA) (also html). It is understandable why states might be interested in regulating the Visible Light ...

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