Questions tagged [california]

Questions specific to the State of California.

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2answers
231 views

Do California process servers typically try phone calls before resorting to ambush?

I've reason to believe that someone might be planning to sue me (it's unclear). Last Sunday night I got a knock on my apartment door at around 9:30pm from a stranger who tried to talk me into opening ...
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2answers
64 views

Is it possible to request a copy of my client file from the public defender and district attorney office?

I have a disposition hearing for a new case and I would like to present evidence, particularly from conversations between my public defender and my doctor and the DA and my doctor, from an old case. ...
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1answer
143 views

Credit card debt after the death of the cardholder

Question pertains to United States: California. I am including as much information as may be pertinent. My mother died a few weeks ago. I was estranged from her as my parents divorced when I was a ...
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2answers
82 views

What are my working hours rights as an exempt employee

My new boss wants to use the following paragraph in my contract to insist that I be in the office 9 - 6 Mon - Fri, be on call 24/7, and go into the office out of hours regularly (including weekends): ...
2
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1answer
74 views

Public Forum: Public street through Private Property in CA?

I speak the Gospel publicly in California in traditional public forums. There is a movie theater on privately owned property, along with other businesses and office buildings, that has a publicly ...
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1answer
97 views

Impossible-to-satisfy requirements for opting out of arbitration

I recently started using an online service whose Terms of Use include a mandatory arbitration provision. The terms include the statement You can opt out of the arbitration and class action waiver ...
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0answers
26 views

Law In CA for driving with expired registration

Okay I can’t seem to find what I’m looking for. Everything comes up as expired tags when searching for expired registration. My tags are good through this month. I only have expired registration, I ...
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2answers
131 views

Is it legally allowed to run a red light by make a double right turn at intersection?

I was at the red light in an intersection, the street to my right was a residential undivided street. This car made a curve to that street and turn right out. It wasn't even a U turn. The path the car ...
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1answer
65 views

Were there any broken laws, unlawful orders or violation of rights during this traffic stop?

Here is a video of a traffic stop in Sacramento, California. Questions: Did the police or the detainee break any laws? Did the police issue any unlawful orders? In particular, was the order to roll ...
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1answer
78 views

Compensation for working more than contract states

The employment contract that I signed specified that I work a maximum of 20 hours a week. For the past two years I've been scheduled more that, around 24-40 hours a week. Does this entitle me to ...
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2answers
67 views

What is minimum that needs to be said in order to legally record a telephone conversation?

When dealing with unscrupulous companies (especially insurance companies), I have learned that it is essential to record telephone conversations. Many times, I have been provided with grossly ...
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1answer
38 views

Can attorney fee clause be used without saying prevailing party will be reimbursed the cost?

Can attorney fee clause be used without specifying it is for prevailing party only? I see it is common, but without saying it is only for prevailing party does it mean my Landlord can sue me for any ...
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1answer
50 views

Can an LLC make a DBA that ends in “LLC” or “Co” in California?

As the title states, I'm interested in making a DBA for an LLC that gives some indication that it's a company rather than an sole proprietorship DBA. Can the DBA terminate in "LLC" or "Co"? Most ...
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2answers
660 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 ...
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2answers
103 views

What are my rights and proper actions if the food contains traces of household chemicals?

I recently bought a juice from the supermarket. That specific type of juice is probably produced in that supermarket locally. After trying it, I am reasonably confident that it contains soap. For the ...
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2answers
147 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. ...
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1answer
74 views

Is it legal to own or operate a non-CA vehicle brought into CA?

When a person moves to California from another state, and brings their vehicle with them, are they required to register the vehicle in California? Or do they have the option of extending the ...
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2answers
73 views

Is a notice of intent to vacate legally binding in California?

I am in the process of moving to a new apartment. I paid the security deposit, and signed the lease. About one week before the agreed move in date, the landlord informed me that the previous tenant, ...
1
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1answer
112 views

Car parked at my residence was made dirty by neighbouring building construction: can I get compensated?

My car parked at my residence was made dirty by some neighbouring building construction. Can I get compensated in some way (e.g., paying for car wash)? I live in California, USA.
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2answers
5k views

Under California law, where are all the unmarked crosswalks located?

As I understand, "unmarked crosswalk" refers to any area implicitly defined by the law as a crosswalk. For example, an unmarked crosswalk usually exists where one road meets another. CVC 21949-21971 ...
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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 ...
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2answers
150 views

Absurdly high painting bill deducted from apartment security deposit

I moved out of a 2 bedroom apartment in Los Angeles under a month ago and have just received my deposit back with ~$1200 taken out for re-painting. This is for a below average size 2 bedroom apartment ...
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1answer
72 views

Checkout inspection - please clarify

I read this: "Within a reasonable time after either the landlord or the tenant gives notice of termination of the tenancy or before the end of the lease term, the landlord must generally notify the ...
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1answer
82 views

Is this considered “bad faith”?

In California, landlords cannot retain security deposits at the end of tenancy in bad faith. If a landlord provides an itemized statement of deductions but fails to disclose that it was written by a ...
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1answer
78 views

California Emission Standards

If indeed the headline is correct: Trump revokes waiver for California to set higher auto emissions standards, the waiver grants California the authority to set higher standards in favor of the ...
2
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1answer
103 views

Would secretly placing a security camera in a shared garage, but only viewing my half, be legal?

Backstory: I recently had a lot of valuable belongings stolen out of my shared garage (rental unit) while I was away for a week. There was no sign of forced entry, and there are a few possibilities to ...
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1answer
572 views

What's the difference between a single solid white line and a double solid white line?

What's the difference between a solid white line and a double solid white line on the United States? I read on https://www.wwinjurylaw.com/blog/2016/november/can-i-cross-over-the-solid-double-white-...
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1answer
49 views

Independent contractor, feeling like an employee - Will California's AB5 change my classification?

I have been an independent contractor in California for a number of years with a business. Some of my tasks include graphic design, ad creation and management, search engine optimization, product ...
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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 ...
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5answers
601 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 ...
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2answers
70 views

County of Sacramento v. Lewis - who owned the motorcycle?

In County of Sacramento v. Lewis oral arguments, as found on Oyez, Justice Scalia said, questioning the counsel for respondent Philip Lewis And he owned the motor cycle, didn't he? And he ...
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0answers
53 views

Can I sue my landlord for failing to mark the dangers of something under construction?

The two jacuzzies in my complex are out of order and smell/look like human cesspools. The two signs that used to be on them, "out of order" are no longer there, but the jacuzzies remain in the same ...
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2answers
64 views

Can a governing body be held accountable for defamatory statements?

San Francisco just passed a resolution declaring the NRA to be a domestic terrorist organization. Agree or disagree with the NRA, it can hardly be defined as a domestic terrorist organization, at ...
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2answers
297 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 ...
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1answer
182 views

Can a landlord demand full rent on the first when a roommate gave 30 day’s notice that they are vacating on the 11th?

My roommate gave 30 days notice to me and my landlord, the 11th is her last day. My roommate has paid one third of the rent (10 days) and I have paid my half of the rent. Since today is the 3rd, I ...
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2answers
156 views

Is a partially-visible California Proposition 65 Label “Clear and Reasonable”?

Given that it is possible to identify a California Proposition 65 label on a picture of a product used in a web store even if it is only partially visible and at angle, can that be construed as ...
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2answers
112 views

Overly Broad Sports Facility Liability Waiver

The University of California, Berkeley introduced a new liability waiver this Fall Semester. If students refuse to sign the waiver, they'll be barred from using the campus gym and other sports ...
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1answer
48 views

How to prepare for early termination of 12 month lease

I am planning to enter into a 12 month lease in California. However, circumstances may arise which require me to move out before the lease ends. I looked at what typically happens with early ...
32
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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 ...
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0answers
49 views

Speed bumps on private non-hoa road (California)

I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job ...
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1answer
98 views

At what point does a local garden produce exchange run into legal barriers?

I have an idea for a local garden produce exchange. Assuming two neighbors swapping lettuce has zero legal restrictions, at what point would we run into legal barriers while expanding in the ways ...
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2answers
301 views

Can the government force you to change your license plate?

There was an interesting story on hacker news today: A man with the vanity plate NULL ended up gettings thousands of dollars of parking tickets because of a computer glitch. When he complained about ...
3
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1answer
186 views

Keeping a Weakness Secret

If a company invents a padlock with some obscure weakness that most criminals would not guess, is there anything the company can do (before or after selling it to the public, or within some "user ...
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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 ...
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 ...
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3answers
7k views

Is chalk on sidewalks/asphalt illegal?

I'm trying to determine if chalking a sidewalk or road is illegal, because deep inside my soul, I'm actually a six year old, and would derive no greater pleasure in life than from rolling around on ...
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1answer
337 views

Accident with borrowed car — whose insurance will apply to satisfy legal requirements?

Assume my friend and I are both licensed and have insurance for our own cars, but we're (obviously) not listed under each others' insurance plans. Let's say one of us borrows the other one's car (...
60
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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 ...
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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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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 ...